Opinion | Amy Coney Barrett’s Modest Way to End Racial Preferences

The U.S. Supreme Court will hear two cases on Oct. 31 about whether universities have illegally discriminated against Asian-Americans. In both cases, Students for Fair Admission asks the court to overturn Grutter v. Bollinger, the 2003 case that held the pursuit of diversity satisfies the strict scrutiny required to overcome the constitutional presumption against discrimination under the 14th Amendment’s Equal Protection Clause.

But the justices can put a stop to racial preferences without reaching the constitutional question. Universities are required to abide by Title VI of the Civil Rights Act of 1964, which is unambiguous about preferential admission on the basis of race. The provision reads simply: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”