Personally I will reserve judgement until I know more details, which may never be revealed to me due to the secretive nature of university admissions.
According to the letter, “[b]ecause Yale admits that it uses race in admissions, Yale bears the burden of showing that it satisfies strict scrutiny.” They have to prove, to the DOJ (or to a court, should it come to that) that their admissions process is narrowly tailored to satisfy the compelling interest of student diversity in higher education. This much I fully agree with.
I think the DOJ’s complaint about Yale’s goal of diversity being too vague is probably unfounded, or rather an impossible ask given that explicit guidelines such as quotas are patently unconstitutional.
The DOJ argues that Yale is using race as one of the “predominant criteria” in their admissions process. The argument is weak, and I’ll let you read it for yourself:
"Yale’s use of race cannot satisfy the narrow tailoring requirement because Yale “unduly burden[s] individuals who are not members of the favored racial and ethnic groups.” Grutter, 539 U.S. at 341 (citation omitted).
For example, data produced by Yale show that Asian American applicants have a much lower chance of admission than do members of Yale’s preferred racial groups, even when those Asian Americans have much higher academic qualifications and comparable ratings by Yale’s admissions officers. Every year from 2000 to 2017, Yale offered admission to Asian Americanapplicants to Yale College at rates below their proportion of the applicant pool. During this same 18-year period, Yale offered admission to White applicants at rates below their proportion of the applicant pool in a majority of years. And, every year during the same 18-year period, Yale admitted applicants to Yale College from Yale’s preferred racial groups at rates higher than their representation in the applicant pool.
Additionally, Yale’s data and other information show that Yale is racially balancing its admitted class, with the major racial groups remaining remarkably stable for approximately the last decade."
Yes, hmm, is this somehow objectionable or unexpected? If applicants from racial groups are accepted out of proportion among the applicant pool, and if race is a factor in the admissions process, it does not follow that race is the predominant criteria in the admissions process. Cum hoc ergo propter hoc, or rearranged, this argument affirms the consequent. As pointed out by others in this very thread, legacy admissions probably contribute significantly to the continued and stable distribution of students among the different races. It is not clear to me whether this is accounted for when the admissions officers make their “comparable” ratings; if race is accounted for after the initial round of ratings, it seems likely to me that mom and dad’s contributions would be, too.
The DOJ also asks Yale to do more detailed studies on possible race-neutral alternatives, with specific focus on how they might pertain to Yale as opposed to other universities. This seems reasonable to me, although I have no way of knowing what studies Yale has already undertaken to judge for myself whether they are relevant enough.
Perhaps the strongest argument is that Yale’s reliance of race is multiplied because it is a factor in multiple stages of the process. But without knowing the specifics, I cannot pass judgement on that allegation.
The burden of laying out the admissions process remains with Yale. And it is not necessarily my right as a layman to see that.
~Max