Website at studentcam. Org. Cspan is your unfiltered view of government. We are funded by these Television Companies and more, including comcast. So students from low income families can get the tools they need to be ready for anything. Comcast supports cspan as a public service, along with these other Television Providers, giving you a front row seat to democracy. Legal experts of civil liberty and education is defined before a house Higher Education subcommittee on the impact of a Supreme Court ruling that ended racebased admissions for colleges and universities. Among the witnesses testifying was david hinojosa, who represented harvard and the university of North Carolina in the Supreme Court case that ended affirmative action in College Admissions. This is a little less than two hours. The subcommittee on Higher Education and Workforce Development will come to order. A quorum is present. The chair is recognized. The committee has gathered today to discuss the aftermath of the Supreme Court decision of students for fair admission versus harvard to explore College Admissions without Racial Discrimination. The Court Decision held that racebased admissions are a violation of the constitution and civil rights act. For too long the gatekeepers of post secondary education have treated applicants differently based on the color of their skin. For far too long, generations of americans are taught to accept the theory of eugenics as normal. This theory assumes that as a race, black americans think with their skin, and based on their skin color they are monolithic in the politics, reasoning, and most importantly intellectual potential. Those who do not fit within a certain expectation are considered traitors to their race. The theory of eugenics had prescribed a baseline of expectations. This baseline accepts as a fact the white race is inherently intellectually superior, privileged, and destined to dominate other races. It deals with the black race as inherently hopeless and forever broken due to slavery 20 years ago. Americans are always shocked to hear that the black community had categories of success communities soughtafter. During the 40s and 60s, black men led our matriculation to college and marriage. We had a Thriving Community of which between 50 to 60 were middleclass. Todays history is purposely silent on this communitys commitment to hard work, tenacity, religion, intelligence, loyalty and leadership. Instead our story has been transformed into that of a week race hopelessly weak race hopelessly oppressed. The decades of demeaning messages our country excepted that black americans are overall and capable of competing against white americans when it comes to intellectual merit. Affirmative action has been a subtle trojan horse that is a racist attack of low intellectual expectations. Thankfully the Supreme Court has recently granted us a major win for equal opportunity and meritocracy. The true principles essential for the attainment of the american dream. Whether you be black, white, hispanic, asian, you can now realize your potential without fear of overt Racial Discrimination or subtle bigotry. The citys pace of the radical left agenda appeared for example , columbia law review ruling disrupting their practices of selecting senior editors based on race versus mary appeared columbia log review has since resumed without unfairly discriminating and hopefully more law schools will follow the example. As our nation celebrates a Supreme Court ruling we must remain digital diligent. The Supreme Court ruling determined to unconstitutional policies. The administrators have expressed their intent to ignore the substance msa. Of Supreme Court ruling. I promise you, this congressional body will not. Chief Justice John Roberts was very clear when he wrote and i quote the assertions of the contrary universities may not simply establish the application essays or other means that we hold unlawful today. We cannot be done directly or indirectly. It builds with substance, not shadows. Racial discriminations. Let me repeat, and i quote, what cannot be done directly cannot be done indirectly. Those institutions outthink this community will keep a close eye on the application process as it unfolds. Racism hidden or advert will not be tolerated by this body. The process of other racebased institutions. The constitution rights act called line. We should all be grateful the democracy is steadfast dedicated between everyone equally under the law regardless of race, creed, color or zip code. With that, i yield to Ranking Members. Thank you, chairman. Thank you, witnesses for your testimony today. Fostering racially diverse campuses in the Supreme Court ruling in the harvard cases. It was a Supreme Court in 1978 and the decision that established they could pursue Academic Freedom and one of the many factors for the candidates. It is one of many factors and emissions is vital, it is important we put the conversation an important context. 4200 institutions in the United States, less than 100 selective schools consider race as a factor in only 10 consider race an important factor. Never making up for and a half of the freshman class. Following implementations as is classroom diversity. Narrowly tailored race emissions practices actually leveled the Playing Field and counterbalanced factors that otherwise in place, standardized test and legacy emissions. For example, the District Court in the harvard case illustrated how athletes come out legacy applicants, families who have a history of donating the faculty make up a large percentage of each class. What these applicants make up 5 of applicants every year. They constitute 30 of the applicants admitted each year. 70 of these applicants are white. Research also shows that standardized tests have the discriminant oratory impact. And reduce scores that correlate more with students income, zip code socioeconomic background then the students ability to succeed in college. Let me allow the use and emissions without further examining the effect is in fact unacceptable. So would my colleagues say they want a system based on merit, the problem is the Current System is not based solely on merit. The counter basis, the outcome remains discriminatory. The responsibility to eliminate and achieve diverse learning. Issue guidance to ensure schools and colleges will fill their title vi obligations and address examining discriminatory factors they are not counter balance. It is to achieve equal opportunity to the equity and inclusion enforcement act which is restoring the private right of actions for students to bring cases under title vi. We also have pending the University Act when i reintroduce this congress to provide resources to say to School Districts that want to voluntarily develop plans to integrate the schools. If we are serious, we most focus the system on all. Instituting reforms that we have proposed in the loan act making it more affordable for both current and Prospective College students. Ignoring rates will not be racially unequal. The 1860s and 1954 is true today , the quality requires acknowledgment. I yield back the balance of the time. Eight see all members who wish to serve written statements on the record may do so by submitting them to the Committee Clerk electronically in microsoft word format. Without objections a hearing record will remain open for 40 days allow for statements and other material reference to be submitted for the official hearing records. I now turn to introduce our four witnesses. Thank you again for being here. The first witness is miss allison who is a legal fellow at the Pacific Legal foundation located in virginia. Our next witness is mike who is president of the Asian American coalition for education in orlando florida. Our third witnesses mr. David. Jd who is the director of Educational Opportunities projects and daily committee with civil rights and the law in washington, d. C. And our final witness who is a Research Fellow at the richard and helen Divorce Center for life, religion and family at the Heritage Foundation which is located in washington, d. C. Testifying on his own behalf. We thank liz for being here today. We are thankful for the testimony. I would like each to limit the presentation to a five minute summary of your written statement. Beware of the responsibilities to provide information to the subcommittee. Okay. Chair owens, Ranking Member stop scott. Distinguished members of congress. Thank you for the opportunity to present testimony. A nonprofit Legal Organization that defends americans liberties that by government overreach and abuse. I want to make three main points today. The decisions were important because they uphold the vital principle that individual should be treated as individuals and not on the basis of their race. Followup litigation is necessary to realize the promise of these decisions. The Education Departments guidance is a missed opportunity to inform schools of their important obligations in this area. Under the constitution and title vi, government and recipients of government money may not discriminate upon race. There is a limited university to achieve a compelling interest in student body diversity. It largely took the lead of the opinion and use it very broadly. One case against Harvard University and the second against the university of North Carolina. The court held that these universities had not met their burden. Many universities have for far too long done just the opposite. And in doing so, they have concluded wrongly that an individuals identity is not challenge a vested, skill felt Lessons Learned about the color of their skin. Our constitutional history does not have that. Anticipating schools with these proxy discriminations to evade the prohibitions. How students race them for life. Universities not established two essays lawful in the case. What cannot be done indirectly cannot be done directly. From president s and universities and even statements of state governments in their state that they can safely ignore the decision. If these invasions go unchecked students with very emissions guarantee equal treatment will remain hollow. Proxy discrimination at the k12 level. Many attorneys represent the coalition for teaching, a group of parents challenging their proxy discrimination Mission Scheme at topsides schools Thomas Jefferson high school in Fairfax County virginia. In the summer of 2020, Fairfax County restructured its emissions process to an effect lower numbers of Asian American students that could attend teaching. The Text Messages and emails produced in discovery make it clear that it was structured because of, not in spite of the effects of the numbers of Asian American students there. Yes, Fairfax County was a proxy crime, not a direct crime. It is certainly no less harmful to kids so they could not go to their dream high school because of their race. Right now that cases pending before the Supreme Court. My colleagues also if the other cases pending involving property discriminations that i schools in boston, new york city, Montgomery County maryland that all follow the same general pattern. While litigation by nonprofit groups is an important way to enforce the core comments of students for fair emissions, it is not the only way. The department of education has an Important Role to play in making sure that the civil rights laws are followed. Unfortunately, the frequently asked questions document at the office of civil rights issued following the air right decision indicate that they will not do that. It basically ignores a large and looming problems and essentially tells universities that whatever they want to do as long as they are not to open about it. That is not the law and it needs to be held to account to realize the core american promise that individual should be treated as individuals and not on the basis of their race. Thank you. Thank you appeared. And. [inaudible] extreme poverty in 1992 i came to america as a foreign student in this land of opportunity. Becoming the global planning. In appendix a of my testimony high standards. The racial quotas to discriminate against american ethics. Race discrimination and the stress in psychology harm to our children. Many asian african applicants hide their identity when applying to colleges. The Asian Community to support students for its lawsuit against harvard and the unc. The Partner Organizations filing a single complaint. The lawsuit and the amicus brief in support. They grow into over 300 organizations nationwide. The Supreme Court right fully struck them. They say this for Asian Americans as all children should no longer be treated as secondclass citizens. All americans with the mayor trust also in advance america towards the counter plan society as Martin Luther king dreamed of 60 years ago. Equity and inclusion have not given up. They have issued guidance that advocates as a program. This guidance is important. College enrollment is a failure of the k12 education preparing black and hispanic children for colleges. Improving the constitutional ways in Higher Education. Further all k12 education is behind other indoctrinations that they are responsible further of the legal operation standard. A plaintiff speed where they urge stopping the race race proxies in College Admissions. By hiding students name disclose the rate make students inaccessible to what is evaluated. The criteria on the needs of the program for the equity. Restore standardized testing. The factor is 81 have made standardized testing possible. The Entrance Exam in order to receive equity. Chinese at the revolutionary race or managing enterprise. As a result it stopped. The economy collapsed. America cannot afford to repeat this mistake in the name of Racial Equity. When our nation is faced with unprecedented complications from international rivals. It is imperative to risk the meritocracy in our institution in order to maintain america. The Supreme Court landmark ruling provides opportunity for american colleges to correct their mistakes by promoting equality in the mayor trust city and calling upon to support our policy recommendations to do just that. Thank you. Thank you. Good morning, chairman. Ranking member scott. Members of the house. Good morning chairman owens, Ranking Member scott and members of the house committee. I am the director of the Educational Committee project with the lawyers for civil rights under law. Thank you for the opportunity to testify today on the Supreme Courts decision. The Lawyers Committee has been a leader in the fight for Racial Equity access to justice in Higher Education for many years. We award good coalitions nationally and into western states to ensure that all students made access to be supported graduate and into the workforce fully prepared for our society. We have also had the distinct privilege and honor of representing an incredible Multiracial Group of students and organizations in the harvard unc and austin cases including black latino and Asian American students. Together with pro bono law firms advancing justice aid in the North CarolinaJustice Center we represented the only state to testify in the unc and harvard cases about the tremendous academic and social benefits of diverse student bodies. When i argued the unc case in the Supreme Court last october, i carried with me there powerful story of resilience, unity and determination. These included luisa a child of mexican immigrant parents who wanted to become a doctor after visiting