In the aftermath of the Supreme Court ruling against affirmative action, Democrats are pushing to put an end to legacy admissions in universities and colleges. They argue that this practice unfairly favors wealthy and predominantly white families at the expense of lower-class applicants from marginalized communities. Surprisingly, there is some support for this idea among Republican lawmakers who praised the court’s decision. However, they haven’t fully embraced federal legislation that would ban legacy or donor status preferences in higher education institutions.
Senator John Kennedy (R-La.) expressed his skepticism about the authority to prohibit legacy admissions, even though he acknowledged the hypocrisy inherent in such practices at elite universities. Legacy-based admissions occur when colleges or universities give preference to applicants who have family members that graduated from the same institution or are connected to donors or faculty members. This status can significantly increase the chances of acceptance, with Harvard’s legacy applicants having an admission rate over five times higher than non-legacies.
Senator Jeff Merkley (D-Oreg.) and Representative Jamaal Bowman (D-N.Y.) introduced the Fair College Admissions for Students Act, which aims to ban legacy admissions in colleges and universities participating in federal student aid programs. The bill also grants the Secretary of Education the power to provide exemptions to Historically Black Colleges and Universities (HBCUs).
Bowman stated that with the Supreme Court’s decision against race-conscious admissions policies, colleges across the country will become even wealthier and less diverse. He emphasized the urgency of taking action to create and support diverse learning environments, including passing the bill to ban legacy admissions and continuing the fight for affirmative action.
Although the bill has garnered support from Democrats, there are no Republican co-sponsors. However, some Republicans did echo the criticisms of legacy admissions. Senator Bill Cassidy (R-La.), the top Republican on the Senate Health and Education Committee, pointed out the irony that elite universities, known for addressing disparities, cultivate loyalty among students through legacy admissions. Senator J.D. Vance (R-Ohio), a Yale Law graduate, called for fundamental reform in admissions decisions, advocating for merit-based selection rather than favoring those with connections.
Senator Ted Cruz (R-Texas), a Harvard Law graduate, considered eliminating legacy admissions as a reasonable policy to pursue. He emphasized the need for diversity in university admissions while avoiding race-based discrimination. Senator Tim Scott (R-S.C.), the only Black Republican in the Senate and a potential 2024 GOP presidential candidate, also supports eliminating legacy programs at colleges. He urged Harvard University to act promptly following the Supreme Court’s ruling against affirmative action. Bowman approached Scott at the U.S. Capitol to solicit his support for the legacy admissions bill, but Scott remained noncommittal, stating that he would review the proposal.
One counterargument against eliminating legacy admissions at prestigious institutions like Harvard is that they can benefit minority applicants whose parents or grandparents are alumni. A Harvard graduate from the Class of 2023, who identified himself as Wonuola, mentioned that many Black students and those from wealthy backgrounds would prefer not to see legacy admissions removed. He argued that legacy admits are qualified to attend Harvard and would likely be accepted even without the legacy factor.
However, Senator Chris Van Hollen (D-Md.), another supporter of the bill, highlighted data showing that legacy admissions overwhelmingly disadvantage people of color. Van Hollen also asserted that Congress has the right to legislate on this issue due to the substantial funding it provides to colleges and universities, including students receiving federal Pell Grants. While Harvard is a private institution, nearly 20 percent of its students receive these grants.
Van Hollen criticized Republicans for making excuses and dodging the issue, considering their claims for a fair and equal admissions process. He emphasized that the current system overwhelmingly favors students with heredity privilege and specifically disadvantages students of color.
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