Republished with full copyright permissions from The San Francisco Press.

With the recent focus on the Supreme Court’s involvement in lawmaking, it is not surprising that many have eagerly awaited their decision on affirmative action. However, it seems that Congress may beat them to the punch. In a recent bill called the MERIT Act, Senators Todd Young (R., Ind.) and Tim Kaine (D., Va.) seek to address the issue of legacy and donor preferences in college admissions. This bipartisan legislation aims to end the practice of giving preferential treatment to applicants based on their relationship to alumni or donors.

Legacy Admissions and Affirmative Action:
Following the Supreme Court ruling in SFFA v. Harvard, which struck down the use of race in college admissions, discussions on legacy admissions gained momentum. It is worth noting that while affirmative action is still employed by the military to determine eligibility for service, legacy admissions continue to exist. This form of preferential treatment essentially equates to affirmative action for wealthy white individuals. It raises questions about the American discourse of individualism and meritocracy, as it perpetuates a long-standing history of quasi-nepotism embedded within our institutions.

The MERIT Act and Its Intent:
The proposed MERIT Act seeks to curtail legacy preferences in college admissions by introducing a new accreditation standard under the Higher Education Act. This standard would prohibit institutions from granting preferential treatment based on an applicant’s ties to alumni or donors. Its sponsors argue that legacy admissions restrict opportunities for talented and deserving students, while extending unmerited advantages to the already privileged.

A Land of Opportunity, Not Aristocracy:
Senator Young aptly captures the sentiment behind the bill, stating, “America is a land of opportunity, not a land of aristocracy.” The aim of ending legacy admissions is to create a fairer and more equitable system that opens doors to bright and talented young Americans, regardless of their family connections. By removing these preferential practices, the bill intends to level the playing field and offer equal opportunities for all students based on merit rather than family affiliations.

Consideration for Affected Families:
While the proposed legislation may impact the families who have traditionally benefited from legacy admissions, it is important to note that these individuals often possess substantial resources and support networks. Despite the potential changes in admission policies, it is unlikely that their children will face significant obstacles in their educational pursuits. Private tutors and discreet donations may continue to provide advantages even without official preferential treatment.

The bipartisan MERIT Act represents a significant step towards addressing legacy preferences in college admissions. By prohibiting institutions from granting preferential treatment based on alumni or donor connections, this bill endeavors to create a more equitable system that values merit over familial ties. Whether the legislation passes or not, the dialogue surrounding legacy admissions underscores the ongoing pursuit of fairness and equal opportunities for all aspiring students in American higher education.