Legislation, Not Litigation, Can Repeal Racial Preferences, Says NAS


New York, NY (June 24, 2016)—The National Association of Scholars (NAS) today released a statement responding to the Supreme Court’s June 23 decision in the case on affirmative action, Fisher v. University of Texas.

The statement says that the NAS “deeply regrets” the Court’s 4-3 decision to allow the University of Texas to persist in using race-based preferences in student admissions. The statement analyzes Justice Kennedy’s majority opinion and Justice Alito’s dissent, and it asserts that “’diversity’ is an acid” that weakens almost every aspect of higher education, not just admissions.

NAS urges legislation, not litigation, as the way to more effectively fight racial preferences in American colleges and universities. It points to successful ballot initiatives and state bills enacted in Arizona, California, Michigan, Nebraska, Oklahoma, and Washington as the examples to follow. NAS members wrote the text of California’s Proposition 209, which voters passed in 1996.

NAS concludes by affirming that it will not relent from fighting racial discrimination in higher education, and that it is uniquely positioned for such a fight, having “the experience, testimony, and insight of thousands of academics who know firsthand what the ‘diversity’ doctrine does to liberal education, and how our colleges and universities will act on this decision far beyond its supposedly limited application to the University of Texas at Austin.”

Peter Wood, NAS president, said, “Americans want to see every individual treated as equal before the law. I have faith in citizens that they can recognize discrimination and will, if given the choice, reject it. And I have faith in the members of the National Association of Scholars to lead the way.”

Read the full statement >

About NAS: The National Association of Scholars upholds the standards of a liberal arts education that fosters intellectual freedom, searches for the truth, and promotes virtuous citizenship.

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