Trump Administration Reverses Obama on Affirmative Action特朗普政府将鼓励大学招生忽略种族因素 时间:2018-07-08 单词数:4570
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WASHINGTON - The Trump administration will encourage the nation’s school superintendents and college presidents to adopt race-blind admissions standards, abandoning an Obama administration policy that called on universities to consider race as a factor in diversifying their campuses, Trump administration officials said.
Last November, Attorney General Jeff Sessions asked the Justice Department to re-evaluate past policies that he believed pushed the department to act beyond what the law, the Constitution and the Supreme Court had required, Devin M. O’Malley, a Justice Department spokesman said. As part of that process, the Justice Department rescinded seven policy guidances from the Education Department’s civil rights division Tuesday.
司法部发言人德文.M.奥马利(Devin M. O’Malley)说，去年11月，司法部长杰夫.塞申斯(Jeff Sessions) 认为过去的一些政策促使司法部做出了超出法律、宪法和最高法院要求的行动，他要求司法部对这些政策进行重新评估。作为该评估过程的一部分，司法部于周二取消了教育部民权办公室颁发的七项政策指导。
“The executive branch cannot circumvent Congress or the courts by creating guidance that goes beyond the law and - in some instances - stays on the books for decades,” O’Malley said.
The Supreme Court has steadily narrowed the ways that schools can consider race when trying to diversify their student bodies. But it has not banned the practice.
Now, affirmative action is at a crossroads. The Trump administration is moving against any use of race as a measurement of diversity in education. And the retirement of Justice Anthony Kennedy at the end of this month will leave the court without its swing vote on affirmative action and allow President Donald Trump to nominate a justice opposed to a policy that for decades has tried to integrate elite educational institutions.
A highly anticipated case is pitting Harvard against Asian-American students who say one of the nation’s most prestigious institutions has systematically excluded some Asian-American applicants to maintain slots for students of other races. That case is clearly aimed at the Supreme Court.
“The whole issue of using race in education is being looked at with a new eye in light of the fact that it’s not just white students being discriminated against, but Asians and others as well,” said Roger Clegg, president and general counsel of the conservative Center for Equal Opportunity. “As the demographics of the country change, it becomes more and more problematic.”
“不仅白人学生受到歧视，而且亚裔和其他群体也受到歧视，因此在教育中考虑种族这件事正在从整体上被重新审视，”保守组织平等机会中心(Center for Equal Opportunity)主席兼法律总顾问罗杰.克莱格(Roger Clegg)说。“随着国家人口结构的变化，问题越来越多。”
The Obama administration believed that students benefit from being surrounded by diverse classmates, so in 2011 the administration offered schools a potential road map to establishing affirmative action policies that could withstand legal scrutiny. The guidance was controversial at the time that it was issued for its far-reaching interpretation of the law. Justice officials said that pages of hypothetical scenarios offered in the guidance were particularly problematic as they clearly bent the law to specific policy preferences.
In a pair of policy guidance documents, the Obama Education and Justice departments told elementary and secondary schools and college campuses to use “the compelling interests” established by the court to achieve diversity. They concluded that the Supreme Court “has made clear such steps can include taking account of the race of individual students in a narrowly tailored manner.”
The Trump administration’s decisions Tuesday brought government policy back to the George W. Bush administration guidances. The Trump administration did not formally reissue Bush-era guidance on race-based admissions, but, in recent days, officials did repost a Bush administration affirmative action policy document online.
特朗普政府周二的决定将让政府政策回归到乔治.W.布什(George W. Bush)政府的指导方案。特朗普政府没有正式重新发布布什时代关于种族问题的入学指导方案，但是，最近几天，政府官员确实在网上重新发布了布什政府的平权行动政策文件。
That document states, “The Department of Education strongly encourages the use of race-neutral methods for assigning students to elementary and secondary schools.”
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