The Affirmative-Action President's Dilemma 
by  David B. Wilkins    
February 7, 2001, Chicago  Tribune

It is common knowledge that President Bush was not much of a student.  Although the 
facts of his lack of academic  distinction--at Phillips Academy in Andover,  Mass., 
Yale University and Harvard Business  School--are well known, few people have  stopped 
to ask a seemingly obvious question:  How did someone with mediocre grades get  
admitted to two of this nation's most  prestigious universities? With respect to  
Yale, the answer is plain. George W. Bush was  admitted to Yale because his father, 
George  Herbert Walker Bush, and his grandfather,  Prescott Bush, were prominent 
alumni.  Giving  preferential treatment to the children of  alumni is standard 
practice at most elite  institutions of higher learning. University  officials claim 
these "legacy admittees"  strengthen their schools by creating  continuity across the 
generations and building  a loyal alumni base. This justification  parallels the most 
commonly articulated  defense for affirmative action in minority  admissi!
ons. But Bush and many of his  supporters have expressed skepticism--and in  the case 
of U.S. Atty. Gen. John Ashcroft,  outright hostility--for affirmative-action  
policies for minority students while saying  virtually nothing about the affirmative 
help  routinely given to alumni children. 

The  president's admirers who oppose affirmative  action for minorities might try to 
avoid this  uncomfortable analogy by offering a different  justification for Yale's 
decision. During the  campaign, those supporting Bush typically  chalked up his 
academic difficulties to  youthful indiscretion, emphasizing instead his  record in 
business and as governor of Texas.  Judged from the perspective of his post-  
graduation accomplishments, his defenders  implicitly assert, Yale's decision to admit 
 the future president was a wise one. 

The  empirical record, however, belies any attempt  to distinguish the two forms of 
affirmative  action on the basis of post-graduation  success. The overwhelming 
majority of minority  students who benefit from affirmative action  in university 
admissions also go on to become  productive and public-spirited citizens. In  the most 
comprehensive study to date, former  university presidents William Bowen and  Derrick 
Bok conclude that black students from  selective colleges and universities lead  
successful and rewarding careers that parallel  those of their white classmates. A 
recent  study of the University of Michigan Law  School's minority graduates reaches a 
similar  conclusion. Indeed, the post-graduation  success of minority students who 
neither enjoy  Bush's ready access to circles of power, nor  the automatic assumption 
of competence that  still is attached to those who are white and  male, suggests that 
minorities actually get  more out of their education than their whi!
te  peers. 

Rather than seeking to distinguish  affirmative action for legacies from other  
practices designed to tailor admissions  policies to meet university objectives, Bush  
and his supporters would do better to ask what  the success of both kinds of 
affirmative  action says about the predictive value of the  "standard" criteria used 
to admit all  students. In the Michigan study, for example,  researchers found, with 
only one exception, no  statistically significant correlation for any  student between 
undergraduate grades and  scores on the Law School Admissions Test and  future income 
or public service. The exception  is the inverse correlation between test scores  and 
public service-- the higher a student's  LSAT score, the less likely he or she is to  
engage in significant public service. These  findings suggest that law schools and 
other  educational institutions should re-examine  their admissions processes for all 
students.  

President Bush claims he wants to "leave  no child behind" and to "improve the tone in 
 Washington." Minorities might take this effort  more seriously if Bush were to 
acknowledge  forthrightly the role that legacy affirmative  action has played in his 
own life. Such candor  would go a long way toward persuading  minorities that the 
president really intends  to move beyond traditional Republican rhetoric  that brands 
any effort to aid minorities as  preferential treatment while ignoring  advantages 
routinely given to those already in  positions of power. 

Similarly, Bush's  pledge to leave no child behind would be more  credible if it were 
accompanied by an explicit  promise that the Bush Justice Department will,  
notwithstanding the views of Atty. Gen.  Ashcroft, defend admissions policies that  
ensure minority students have the same  opportunity to succeed as Bush was given when  
he was admitted to Yale. 

Should Bush  yield to those on the right and attack  affirmative action for minorities 
while saying  nothing about legacy admissions, he will  reveal that compassionate 
conservatism has  almost nothing to do with practices that  promote diversity and 
everything to do with  policies that protect the children of  privilege. 

David B. Wilkins is a law  professor and director of the legal profession  program at 
Harvard Law School. 

Copyright  2001 Chicago Tribune 

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