Biden White House Continues Attack On Supreme Court After Affirmative Action Ruling


OPINION: This article may contain commentary which reflects the author's opinion.

The Biden administration continues to disregard the legitimacy of the Judicial Branch of government’s highest body, the U.S. Supreme Court, following a decision in June striking down race-based admission standards for colleges and universities.

According to the Association of Mature American Citizens (AMAC), the Department of Education late last month issued new “guidance” for institutions of higher education that effectively informs them how to best ignore the high court’s ruling striking down racial preferences in admissions practices.

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.


Following the high court’s ruling, Biden blasted the decision during a press conference in what critics saw as another attempt to undermine the court’s legitimacy.

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 Biden’s student loan forgiveness initiative, a move that legal scholars from various perspectives had acknowledged as probably unconstitutional. However, following the ruling, Biden swiftly unveiled an alternative approach to sidestep it, persistently challenging the Court’s authority.

While refusing to present a substantive defense of his plan, Biden instead accused the court’s originalist justices of aligning with “Republican elected officials and special interests,” as if that is grounds to ignore the court and undermine its authority as a separate branch of government.

Furthermore, subsequent to the court’s overturning of Roe v. Wade last year, Biden’s Department of Health and Human Services released guidance urging medical professionals to disregard state abortion regulations and assuring them of legal protection when doing so, AMAC noted.


In addition to promoting the idea of disregarding Supreme Court rulings that Biden disagrees with, the administration has also tried to shift blame onto the court for the White House’s inability to enact an array of progressive policies.

The approach has the unintended — or intended — consequence of eroding the court’s credibility and legitimacy, the organization added.

“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.”

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