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Steven Grant's avatar

This is excellently written and an interesting perspective, but I think there are some points that merit some push back. The big one is that, as you indicate, Harvard is the exception even amongst its peers. In some ways this makes is a useful paradigmatic example of a larger trend (particularly because it is a trend setter and, in affirmative action, the foundational model is The Harvard Plan) but, I think, it does more work to distort our view of university function than it does illuminate it. While you're certainly not alone in focusing much of your attention on Harvard, I'm interested in how little attention gets paid to UNC in all of this. UNC, in my view, is a more interesting case because 1) it's not the elite of the elite (and in fact, it's not even the elite if the elite in class, that title better reserved for Berkeley, UCLA, and Michigan) 2) it's admissions policies have far impact on far more applicants than Harvard's and 3) the idiosyncratic nature of its statutorily established quotas for admissions for residents. There's a lot that comes with that, but I think there's a lot more meat on the bone for trying to sift through what the new admissions world might/should look like at UNC than at Harvard. And, possibly most importantly, there is a natural and tangible link between UNC and the K-12 system that precedes it. The thing I find most lacking in all of the discussions of the ruling and the future of admissions is that affirmative action is an arguably ineffective band-aid on a much larger issue. While I have a lot of issues with a lot of education research, one this is fairly clear: attainment, outcomes, and ability are established well before one is applying to college. UNC's use of affirmative action to counteract the problem of unequal primary and secondary education is such an obviously dumb approach. The same body that governs UNC has the power to impact and improve the problem they are trying to address well before UNC is involved.

I'd also push back on your characterization of Harvard's business. Yes, it makes a business of exclusivity in admissions and undergraduate admissions gets a lot of the attention. But I think its more accurate to say Harvard's (and it's peer's) business model is knowledge production. This includes teaching, training, and research. The allocation of funds to each is exceptionally difficult to divine (what percentage of a tenured faculty member's salary represents teaching undergraduates vs. advising PhD students vs straight research? Is spending on PhD stipends a teaching expense or a research expense?). But, the point here is that undergraduate instruction is but one piece, and not even necessarily the most significant piece, of Harvard's business. I'd also argue that Harvard and most other elite universities are vocational. While undergraduate education is unquestionably grounded in the liberal arts model, nearly all of its graduate education is vocational in one way or another. And, importantly, Harvard's graduate enrollment is more than 2x its undergraduate enrollment. The professional schools are obviously vocational (but we call them "professional" to differentiate them from things like trades programs) but so are its research degrees in Arts and Sciences. PhDs are, by default, assumed to be shooting towards some specialized job (most often the professoriate) and are being trained with that in mind.

This leads me to your Seals analogy. While I think you make an interesting point about graduation, retention, and graduation rates (and it's similar argument to one I've made myself, to horrified classmates, in various graduate education classes), I think you're off about the equivalency. If we look just among undergraduate programs, Harvard College is the elite. But if we look more specifically at how society's elite are made, Harvard College isn't the Seals, its basic training. If we, say, look at law (which makes sense as a relatively well defined path of progression), the better (though possibly strained) analogy is elite undergraduate education is basic training, T14 law school is the group trying to be Seals, and SCOTUS clerkships are the ones who make it. As I say, the analogy isn't perfect. Maybe Big Law is the Seals. Maybe an Article III judgeship is Seals training. My point, though, is that undergraduate education is a fairly narrow scope of the work and impact elite universities do. And, important to the conversation about universities' roles in crafting the elites, undergraduate education is an increasingly less significant part of the process.

All of that said, I agree that this ruling will likely not have the sweeping impact that some except (whether its a dire prediction or delighted hope). But I'm more optimistic about how things will change. If they aren't careful when trying to replicate the system they want, they'll just keep getting sued and keep getting shot down (i.e. I'd be very interested to see how Harvard could justify constant trends in racial make up year on year, if they do continue, when faces with the specific admonishment Roberts gave them about that fact). Most schools, including Harvard, simply aren't going to have the capacity to do the kind of close reading of every essay they receive to find the magic words. but not be too blatant in their search for race as determinant. They're going to have to use quantitative measures to winnow down the field which will tip in favor of documented academic performance.

As a side note, you're spot on that the Gorsuch concurrence was the most compelling, which makes its general dismissal pretty interesting. He's really pushing on a sort of "plain language" analysis (that was evidenced in Bostock as well) that I think is something more than just textualism that I'm very intrigued by.

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Arguably Wrong's avatar

One other serious problem with having all the brightest students aspire and work for Harvard admission is that it flattens the breadth of the elite classes.

I'm sure others can come up with more controversial examples, but a very anodyne one: Barry Marshall once mentioned that one of the keys to his discovery of H. pylori as the primary cause of ulcers was his being as far as possible from Harvard. If he had gone to Harvard, he would have *known* that ulcers were caused by stress, because he would have been taught it by Harvard professors.

I'm sure you've seen the video from the early 80s (https://www.youtube.com/watch?v=3un_VbXVefk) asking both Harvard graduates and local townies to explain why seasons exist. The notable difference between the two is not that Harvard graduates are more knowledgable or correct in their answers, but rather that they are much more confident in their wrong answers. After all, they're Harvard graduates!

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