Next month, Steven Spielberg is releasing a new version of "West Side Story," the 1957 Broadway musical, and the movie that won the Oscar for Best Picture in 1961.
One memorable lyric is "stick to your own kind," which is exhorted three times during a fierce argument between two Puerto Rican American females, about a romance between one of them and a White American male.
But 60 years after the premiere of "West Side Story," Pew Research released a report about the steadily increasing percentage of American newlyweds who have not been "sticking to their own kind."
In 1967, only 3% of marriages were between partners of a different race or ethnicity. In 2015, these marriages had skyrocketed to 17%.
In 2017, Pew appropriately chose 1967 as a baseline, because that year, in Loving v. Virginia, the U.S. Supreme Court unanimously invalidated laws forbidding racial intermarriage in 16 states, mostly in the South.
The percentages of newlyweds who were intermarried in 2015, among the four major groups, were: Asians, 29%; Hispanics 27%; Blacks, 18%; and Whites, 11%.
However, during the last two decades, this revolution in American matrimony and childbearing has been inexcusably ignored by the U.S. Supreme Court and lower federal courts in their affirmative-action decisions in college admissions.
Students for Fair Admissions (SFFA) filed federal lawsuits in 2014 against Harvard and the University of North Carolina at Chapel Hill, charging discrimination against Asian and White applicants.
Harvard prevailed in Federal District Court in Boston in October 2019, and then in the First Circuit Court of Appeals in November 2020.
In June 2021, the U.S. Supreme Court requested that President Joe Biden's solicitor general file a brief outlining the government's position in the Harvard case.
In February 2020, former President Donald Trump's Solicitor General filed a brief, before the First Circuit, supporting the lawsuit by SFFA.
Similarly, last month, a federal judge in Winston-Salem ruled that the University of North Carolina at Chapel Hill did not discriminate against White and Asian applicants.
In a filing last week, the SFFA urged the U.S. Supreme Court to consolidate both cases, and to overturn Grutter v. Bollinger. This pivotal case, decided in June 2003, permitted the University of Michigan Law School to narrowly consider race in admissions.
Significantly, that 5-4 decision delivered by Sandra Day O'Connor insisted that "race-conscious admissions policies must be limited in time," and that the "Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today."
Justice Day O'Connor did not arbitrarily select a quarter of a century, or 2028, as the sunset for the use of race and ethnic preferences in college admissions.
Grutter v. Bollinger was decided exactly 25 years after Regents of the University of California v. Bakke, which was filed against UC-Davis Medical School. But in that landmark decision in 1978, the Warren Burger Court, in a 5-4 decision, outlawed rigid quotas, but upheld affirmative action.
The racial and ethnic composition of America's medical schools have changed drastically since Bakke. The Association of American Medical Colleges (AAMC) reports that 16,587 students entered the nation's medical schools in 1980, and their demographics were: 84% White; 6% Black; 5% Hispanic; and 4% Asian.
In 2020-21, there were 94,243 medical students, and their demographics were: 49% White; 23% Asian; 8% Black; 7% Hispanic; and 10% Multiple Race/Ethnicity.
Thus, White matriculants plunged, while Asian students soared. Black medical students increased from 6% to 8%, and Hispanics from 5% to 7%.
Additionally, the AAMC, with rare integrity, uses "Multiple Race/Ethnicity," which is unconscionably ignored by the U.S. Census and many universities in their published statistics. They only use multiracial categories and not multi-ethnic ones.
But this exclusion is intellectually and morally dishonest as Hispanics are an affirmative-action class, and 50% of interracial and interethnic marriages in 2015 involved a Hispanic partner.
Indeed, gross hypocrisy in reporting racial/ethnic demographics is demonstrated in Harvard's "Brief Profile of the Admitted Class of 2025." It reports that 2,320 students were admitted from 57,786 applicants, and their "ethnic" percentages are: Asian American, 25.9%; African American, 15.9%; Hispanic or Latino, 12.5%; Native American, 1.1%; and Native Hawaiian, 0.5%
While these demographic categories total just 55.9%, the percentages of White and Multiple Race/Ethnicity enrollees are conspicuously missing.
Finally, the U.S. Supreme Court in 2009, in a decision authored by John Roberts, declared unconstitutional a rigid policy of racial and ethnic balancing in Seattle's public high schools. The chief justice emphasized that "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race."
In short, 2022 should be the year that the Roberts Court, with a resounding majority, tosses racial and ethnic "preferences," in college and professional-school admissions, in the ashcan of history.
Mark Schulte is a retired New York City schoolteacher and mathematician who has written extensively about science and the history of science. Read Mark Schulte's Reports — More Here.
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