The Biden administration’s stance on the legitimacy of the U.S. Supreme Court, particularly regarding a decision in June that invalidated race-based admission standards for colleges and universities, remains a point of concern.
As reported by the Association of Mature American Citizens (AMAC), the Department of Education recently released updated “guidance” for institutions of higher education. This guidance essentially advises them on how to circumvent the Supreme Court’s ruling, which had nullified the use of racial preferences in their admissions procedures.
The organization noted:
The document specifically tells admissions offices that while they can’t consider an applicant’s race in choosing whether or not to accept them, they can consider how an applicant’s race has affected their life. According to the examples provided in the guidance, universities could use “an applicant’s explanation about what it means to him to be the first Black violinist in his city’s youth orchestra or an applicant’s account of overcoming prejudice when she transferred to a rural high school where she was the only student of South Asian descent” as a factor in admitting them over another candidate.
In other words, the administration is giving schools the green light to continue pursuing the same discriminatory admissions schemes the Court just outlawed. Instead of schools using an applicant’s race to determine whether or not they are admitted, the guidance says, schools should use an applicant’s experience being that race. It is a distinction without a difference.
After the Supreme Court’s decision, President Biden criticized the ruling in a press conference, which some viewed as another effort to question the court’s credibility.
“The Court has effectively ended affirmative action in college admissions. And I strongly — strongly disagree with the Court’s decision,” he said.
“You know, I’ve always believed that one of the greatest strengths of America — and you’re tired of hearing me say it — is our diversity, but I believe that,” Biden continued.
“If you have any doubt about this, just look at the United States military, the finest fighting force in the history of the world. It’s been a model of diversity. And it’s not only been our — made our nation better, stronger, but safer,” he claimed.
“And I believe the same is true for our schools. I’ve always believed that the promise of America is big enough for everyone to succeed and that every generation of Americans, we have benefitted by opening the doors of opportunity just a little bit wider to include those who have been left behind,” Biden said.
In June, the Supreme Court also invalidated President Biden’s student loan forgiveness initiative, a decision that many legal scholars deemed likely unconstitutional. However, President Biden responded by swiftly introducing an alternative plan to bypass the ruling, effectively challenging the Court’s authority.
Rather than providing a substantive defense of his plan, President Biden accused the Court’s originalist justices of aligning with “Republican elected officials and special interests,” as if such alignment justifies ignoring the Court and undermining its authority as a separate branch of government.
Furthermore, following the Court’s decision to overturn Roe v. Wade last year, the Department of Health and Human Services, under Biden’s administration, released guidance urging medical professionals to disregard state abortion regulations while assuring them of legal protection in doing so, as noted by AMAC.
In addition to advocating for disregarding Supreme Court rulings that President Biden disagrees with, his administration has also attempted to shift blame onto the Court for the White House’s inability to implement various progressive policies.
This approach, intentionally or not, undermines the Court’s credibility and legitimacy, according to the organization.
“Clearly, Biden’s efforts to de-legitimize the Court are having their intended effect,” AMAC notes. “The question now is what Republican lawmakers are willing to do about it – and if they’ll be able to convince voters of the severity of the crisis.”