Casey Warns Administration Not to Backslide on Affirmative Action

Washington, D.C.  – In an effort to clarify recent reports of the Administration’s attempts to undermine diversity consideration in the college admissions process, U.S. Senator Bob Casey (D-PA) sent a letter to U.S. Secretary of Education Betsy DeVos and U.S. Attorney General Jeff Sessions calling for answers to four vital questions.

“The DOJ and Department of Education should, together, be working to preserve and promote the civil rights of all students, to ensure that individuals have the opportunity to succeed, regardless of gender, ethnicity, race, religion or disability,” wrote Senator Casey.  “I have serious concerns that an investigation into college admissions policies conducted by political appointees does not advance these goals.”

The full text of the letter can be found below:

Dear Secretary DeVos and Attorney General Sessions:

I write today to seek additional information on efforts by the Department of Justice (DOJ) to investigate admissions policies at colleges and universities. On August 1, it was reported that the DOJ was seeking attorneys to work on “investigations and possible litigation related to intentional race-based discrimination in college and university admissions,” an apparent reference to the admissions policies instituted by many colleges and universities to ensure that diversity on campus reflects the diversity of the country at large. Furthermore, reports indicated that the project will be run by political appointees at DOJ, rather than the career civil servants in the Department’s Educational Opportunities Section. Protecting and promoting the civil rights and opportunities of all students should be a core priority of both DOJ and the Department of Education. I have serious concerns that an investigation like this, carried out by political appointees, undermines that goal.

In a statement issued on August 2, a DOJ spokesperson indicated that the investigation into college admissions was currently limited to a single case involving Harvard University. Nevertheless, whether the Department intends to expand this investigatory project to other institutions, or pursue this single instance as a test case, I am troubled by the impact it could have on colleges and universities, whose admissions policies could make them a target of legal action by political appointees at the DOJ. I am also concerned that the DOJ’s actions could have a chilling effect on colleges’ and universities’ efforts to increase diversity on campus and promote educational opportunity for all Americans.

Accordingly, I request that you provide me with answers to the following questions:

• Does the DOJ intend to investigate admissions processes at colleges and universities other than the Harvard University case?

• Does the DOJ intend to pursue admissions-related legal action against colleges and universities, many of whom have relied on Supreme Court precedent in tailoring their admissions policies?

• Will this investigation, or these investigations, be run by political appointees, rather than the career civil servants in the Educational Opportunities Section, as has been reported?

• If so, why was this decision made? How does this decision give confidence to the American public that these attorneys will be working to promote the civil rights of all students, rather than pursuing a political agenda?

The DOJ and Department of Education should, together, be working to preserve and promote the civil rights of all students, to ensure that individuals have the opportunity to succeed, regardless of gender, ethnicity, race, religion or disability. I have serious concerns that an investigation into college admissions policies conducted by political appointees does not advance these goals. I request a response to this letter, including answers to the questions posed above, by Tuesday, September 5.

Thank you for your attention to this important matter.

Sincerely,

Robert P. Casey, Jr.

United States Senator