Oral arguments begin today on a case that will determine whether colleges and universities can employ policies and practices seeking to enroll minority groups with differing standards.
Harvard University is being sued for allegedly discriminating unlawfully against Asian applicants because, as stated by the plaintiffs, the school has an unwritten quota against such applicants. The plaintiffs argue the school determined Asians would disproportionately be represented in the Harvard student body because of their outstanding academic qualifications.
This case cuts to the core of an important issue that separates us as Americans: Should qualifications for enrollment at universities be adapted for minority students? To date, the argument has been that minorities have been discriminated against for generations, and thus minorities have been underrepresented at universities.
The core questions seem to be:
- Are universities a microcosm of the larger society, and as such, should efforts be made to ensure a diverse student body?
- Are universities a merit-based education system where we select the best and brightest, regardless of economic or demographic diversity?
- Or is there another way to balance the needs of our changing culture?
As a young white man in college in the late 1960s I fully supported different standards for minority students given the history of discrimination in our country. I believed that the passing of the Civil Rights Act of 1964 was a powerful law. I also believed that eliminating legal discrimination could not undo the harm done by centuries of discrimination against people of color. I didn’t recognize any contradiction in my thinking; it never crossed my mind as an ardent supporter of anti-discrimination laws that affirmative action was clearly discriminatory. And if I did, I surely would have thought it was justified.
The issue is an emotional one indeed with passions running high on all sides. I believe, we have a moral necessity to understand and correct the stain on the history of our nation that was slavery, yet I am not as certain as to the solution as I was 50 years ago.
Title VI of the Civil Rights Act clearly states:
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.
The Civil Rights Act intended to legally ensure that race was not a factor in American life, yet political, educational and business leaders realized that if we really wanted equal opportunity for all we need to do more. And thus the debate arose that continues today. The very term “affirmative” means different things to different people. Does it mean merely doing the best we can, without accountability, to bring inclusion and diversity to our schools, businesses and communities? Or does it mean providing preferential treatment to truly level the playing field?
A decade ago I inadvertently addressed the issue of affirmative action at my alma mater when I made a gift to the school. The gift was to support scholarships for minority students through the creation of the Nevins Diversity Scholarship Fund, with the goal of promoting diversity within the student body at the Penn State Smeal College of Business. I was thinking of economic disadvantage and not the disadvantage resulting from centuries of discrimination. Thoughts of affirmative action were not on my mind.
I thought about my grandparents who came to the United States in the early 1900s from Russia with no money or possessions, who blessed my parents with the desire to educate themselves and to attain the American dream. And I thought about my parents, who were able to provide me with the resources to attend Penn State.
I also understood that there were many thousands of parents who desperately wanted to help their children achieve a better life, but financial circumstances made it impossible. And I thought about the necessity of providing the foundation for students from every race, religion and creed to achieve their dreams as I was able to do as a young man.
There is no shortage of talented and qualified students from underrepresented backgrounds. Young people need the resources to attend the many great universities across the country. Recipients of the Nevins Scholarship have the same academic abilities and qualifications that all students have.
The meaning of “diversity” today has certainly changed in the 10 years since the Nevins Diversity Scholarship was announced. Economic, racial/ethnic, ideological and gender diversity are all important. One thing remains the same then as it does now: It will always be important to nurture a college community that is inclusive and reflective of the diversity that is America.
I fully understand that divisive discussions laden with rhetoric from both sides will be in abundance as the Harvard case before the Supreme Court is being adjudicated. Both sides will be triggered by discussions of diversity, inclusion, equity and opportunity. As with so much in our country today, the discussions related to the Supreme Court case on affirmative action will be filled with soundbites, harsh rhetoric and a general lack of critical thinking.
With some deep reflection and with an openness of the complexities of the racial history and racial future of our nation, I am hopeful that we can as a people co-create a sense of social cohesion through the development of dialogue that leads to understanding. A dialogue that delves deeply into the scars caused by racial discrimination while at the same time searching for the best way to offer opportunities to underrepresented groups in our county.
It is almost 60 years since the passage of the Civil Right Act and I am still in a quandary as to what else we must do. I understand that racial diversity simply will not happen on its own, yet understand the complexity of words like goals, targets and quotas that seemingly impede upon the rights of individuals.
It is in our best interest as a nation to see diversity as an operating system, not a quota. How to legislate that until our hearts and minds catch up is our challenge today. The motto of our nation – e pluribus unum: out of many one – must become a reality.
Let us fulfill this dream.




















A view of the U.S. Capitol in Washington, D.C., on June 25, 2026. President Donald Trump jolted Republicans during a fiery appearance at the U.S. Capitol on Wednesday, scrapping a housing bill signing ceremony and clashing behind closed doors with a party rebel who challenged him over the Iran war. Trump had been expected to sign the bipartisan housing.
Only Trump doesn’t care about housing
It was August 15, 2024. Then candidate Donald Trump stepped out of his Bedminster, New Jersey, golf club’s columned clubhouse to a gaggle of reporters. He was flanked by tables of groceries and signs showing the rising cost of food. Also on one of the tables was a dollhouse, meant to represent the equally alarming rise in housing prices.
It was a speech about the economy, the single most important issue of the 2024 election cycle, full of promises that went right to the heart of Americans’ anxieties. While former President Joe Biden and then Vice President Kamala Harris were contorting themselves to posture a good economy that just needed more time to recover from the pandemic, Trump was preying on voters’ very real fears of unaffordable gas, groceries, and homes. It was obviously a winning message.
In that speech, Trump promised, “We’re going to open up tracts of federal land for housing construction. We desperately need housing for people who can’t afford what’s going on now.”
As of mid-2023, there had been a housing shortage of nearly four million homes, according to the National Association of Realtors. Americans all over the country were either priced out of buying new homes due to low inventory, trapped in their existing homes by sky-high mortgage rates, or facing exorbitant rent hikes thanks to corporate investors buying up rental properties. Americans needed help, and Trump promised it.
Cut to March of 2026, when Trump reportedly told House Speaker Mike Johnson, “No one gives a sh*t about housing.”
That kind of thinking may explain why Trump this week suddenly announced he was canceling a signing ceremony for the bipartisan “21st Century ROAD to Housing Act,” a housing bill co-sponsored by Sens. Elizabeth Warren and Tim Scott that passed the House 358-32 and was approved in the Senate on Monday.
Trump instead demanded Congress pass the SAVE America Act, his controversial election grievance bill that doesn’t have enough Republican support to get passed in the Senate.
It’s just the latest in a line of policy self-owns where Trump has seemingly intentionally made life more difficult for Republicans hoping to keep their majority. Despite midterm elections occurring in the midst of a blistering economy and an unpopular war, they were surely hoping the housing bill would give them something — anything — to brag about when they returned home to their districts.
And very much to the contrary, Americans do give a sh*t about housing. According to a recent survey by the Bipartisan Policy Center, a whopping 79% say the cost of housing is extremely or very important to them. Eighty-three percent say Congress should take action on the issue — like it just did. Eighty-nine percent say the House and Senate need to work together to pass affordable housing legislation — like they just did. And 63% say they would be more likely to vote for a lawmaker if they helped pass legislation to build more affordable homes and lower housing costs — like they just did.
There aren’t many issues that unite Americans like housing does, and very few bipartisan policy wins Congress can point to, and yet, Trump is holding that bill hostage in order to get his pet project — which doesn’t even have the support of his own party — pushed through.
If you’re trying to make sense of something so nonsensical, as I’m sure many Republican lawmakers are, it’s certainly sad but not actually all that complicated. Trump said what he needed to get reelected and then promptly abandoned his promises in order to pursue his own self-interests, even if those interests are bad for Republicans and bad for voters.
That’s just the kind of guy he is.
S.E. Cupp is the host of "S.E. Cupp Unfiltered" on CNN.