A quiet battle is unfolding on college campuses, a struggle over fairness and equal opportunity. While recent efforts to address discriminatory practices have shown some progress, a leading legal scholar warns that the gains are fragile and could quickly vanish.
William Jacobson, a professor at Cornell Law School for nearly two decades, believes a critical window of opportunity exists. He argues that unless concrete, lasting changes are implemented now, the momentum will be lost when political power shifts again.
Jacobson leads the Equal Protection Project, an organization dedicated to investigating and challenging what it deems discriminatory applications of Diversity, Equity, and Inclusion (DEI) initiatives. His team meticulously tracks university programs, filing civil rights complaints and, when necessary, pursuing legal action.
The project has targeted over 700 programs across numerous universities, identifying instances where preferential treatment based on race or ethnicity allegedly violates civil rights. Jacobson estimates they’ve achieved around 175 successes, with universities modifying or eliminating problematic programs under pressure.
DEI, intended to foster inclusivity and proportionate representation, has become a flashpoint. Critics argue that, in practice, it can create a different form of discrimination, favoring certain groups over others.
Jacobson’s work isn’t limited to administrative complaints. His foundation is involved in ongoing federal litigation, including a case challenging New York’s Science and Technology Entry Program. The lawsuit alleges the program illegally prioritizes Black, Hispanic, Native American, and Alaskan students, violating the Constitution’s equal protection clause.
Meanwhile, the Department of Justice is facing a wave of lawsuits stemming from the Trump administration’s attempts to withhold funding from institutions perceived to be engaging in discriminatory DEI practices. Jacobson characterizes these legal challenges as a deliberate tactic to delay implementation of reforms.
He believes the most effective strategy involves cutting off federal funding to programs deemed discriminatory and enshrining these changes in formal regulations. Executive orders, while impactful, are easily overturned by future administrations.
Recent executive orders aimed at curbing DEI initiatives, particularly within the federal government and grant systems, have already had a “substantial impact,” according to Jacobson. They’ve begun to shift a deeply entrenched culture, but he stresses the need for more permanent solutions.
Jacobson discovered a surprising extent to which DEI initiatives were originating from the federal government itself. Navigating the complex, often year-long process of government rule-making is crucial for lasting change, he insists.
While Congressional legislation would be the ideal outcome, Jacobson acknowledges the current political climate makes that unlikely. The focus, therefore, must remain on solidifying gains through robust regulations and a sustained commitment to equal protection under the law.
The future of fairness on college campuses hangs in the balance, dependent on whether these current efforts can be transformed into enduring safeguards against discrimination.
