Elaine Rosenberg Miller

Equal Protection of the Laws

The United States Supreme Court, in STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE has recently ruled that Harvard University and University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment in the schools’ consideration of race as one of their admission criteria.

Admissions policies based on race are discriminatory.

Race is determined by others at conception. Race is not an achievement. Using race as a qualification injures applicants who are denied admission.

Erica Marsh, who describes herself on Twitter as “Proud Democrat: Former Field Organizer to elect President Biden. Volunteer for the Obama Foundation. (She/Her) ��” posted the following:

“Today’s Supreme Court decision is a direct attack on Black people. No Black person will be able to succeed in a merit-based system which is exactly why affirmative-action based programs were needed. Today’s decision is a TRAVESTY!!!”

“No black person will be able to succeed in a merit-based system…”?

Twitter is educating Ms. Marsh.

Unfortunately some elected representatives have been criticizing the opinion in equally inflammatory language, including Senator Elizabeth Warren (D-MA) who wrongfully claimed to be an American Indian for years.

The Fourteenth Amendment to the United States Constitution, ratified following the Civil War provides that:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [emphasis added]

“–equal protection of the laws.”

The rule has served to overturn discriminatory laws and practices for decades.

The Supreme Court’s instant decision does that once again and no amount of politicking will diminish its achievement.

About the Author
Elaine Rosenberg Miller writes fiction and non-fiction. Her work has appeared in numerous print publications and online sites, domestically and abroad, including JUDISCHE RUNDSCHAU, THE BANGALORE REVIEW, THE FORWARD, THE HUFFINGTON POST and THE JEWISH PRESS. Her books,, FISHING IN THE INTERCOASTAL AND OTHER SHORT STORIES, THE CHINESE JEW. THE TRUST and PALMBEACHTOWN are available on Amazon and Kindle.
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