Chief Justice Roberts, author of the majority opinion in the case of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, eviscerating the use of race-based factors for consideration in college admissions, left a loophole in his legal reasoning. Roberts tried to limit how a school could go about considering those factors in its admissions decisions. It could no longer be on the basis of an applicant’s race, of course, but possibly in how those racial factors — such as, discrimination — impacted him or her as an individual.
Suggestion:
In application forms include an optional essay question, one that will allow schools to justify their admission and enrollment decisions based not on race per se, but on an individual’s experience of racism. For example:
Please explain whether racism has impacted your development as a person, impacted or inspired your courage or determination, or motivated you to seek any goal in any aspect of your life.