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Lawsuit Accuses University of California of Allowing Race to Factor in Admissions

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Lawsuit Accuses University of California of Allowing Race to Factor in Admissions

Over the last few months, University of California officials have boasted that they have admitted the most racially diverse class ever to their sprawling system.

They have managed to do this, they say, despite a 28-year-old state ban on considering race in college admissions, known as Proposition 209.

But a lawsuit filed on Monday by a newly formed group takes aim at the university’s efforts, accusing the California system of cheating by secretly restoring race-conscious admissions in defiance of the state law. The group, Students Against Racial Discrimination, was organized by a persistent critic of affirmative action.

The lawsuit accuses the California system of harming all students by gradually bringing back racial preferences in recent years to stem public outrage over the low number of Black and Hispanic students at the state’s top universities.

Stett Holbrook, a spokesman for the University of California system, said the university had not yet been served with the legal papers, so it could not reply directly to the lawsuit. But he said that after the ban, it had adjusted its admissions practices to comply with the law, and it collected undergraduate students’ race and ethnicity for statistical purposes only, not for admission.

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Students Against Racial Discrimination was founded last fall by a group that includes researchers and Asian American anti-affirmative action activists. Among them is Richard Sander, a law professor at the University of California, Los Angeles, who has made something of a crusade of fighting affirmative action.

The group’s approach emulates the strategy of Students for Fair Admissions, the organization that defeated Harvard and the University of North Carolina in the landmark 2023 Supreme Court ruling that rejected affirmative action in college admissions nationwide.

The lawsuit accuses the University of California system of violating protections against racial discrimination in Title VI of federal civil rights law and the Equal Protection clause of the 14th Amendment.

It asks the court to order the U.C. system to select students “in a color-blind manner” and to appoint a court monitor to oversee admissions decisions, to “eliminate the corrupt and unlawful race and sex preferences that subordinate academic merit to so-called diversity considerations.”

Last month, the U.C. system reported that Black undergraduate enrollment was up by 4.6 percent and Latino enrollment by 3.1 percent across the 10 campuses. It contrasted those increases with the many other universities that have struggled to maintain Black and Hispanic enrollment in the wake of the Supreme Court decision.

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Over nearly a decade, the data show a steady but small rise in African American freshman admissions systemwide — to 7,139, or 5 percent, for the fall of 2024 from 4,358, or 4 percent, in 2016. The percentage of Hispanic students has also risen slightly, from a much bigger base. (About 6 percent of Californians are Black and 40 percent are Latino.)

The university said it had increased undergraduate enrollment overall and the diversity of the incoming class last fall by capping out-of-state enrollment and through funding support from the state, especially at the most in-demand campuses. It also targeted recruitment and college preparatory courses at disadvantaged students and eliminated the SAT and ACT testing requirement.

John Aubrey Douglass, a senior research fellow at the Center for Studies in Higher Education at Berkeley, said that while he was not an insider on admissions practices, “my sense is that admissions is highly regulated and careful to stay clear of Prop 209 restrictions, and the Supreme Court’s ruling on affirmative action.”

Much of the increase in enrollment can be explained by the demographic pool of applicants, and their growing readiness for college as they take required courses and as their high school graduation rates increase, he added.

California voters adopted Proposition 209, which banned the use of race in admissions at public universities in the state in 1996, becoming the first of nine states to take similar action.

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The first class at Berkeley’s law school after Proposition 209 was approved had only one Black student, and he had been admitted before the referendum. The situation at Berkeley was so dire that it became the topic of a “Doonesbury” cartoon, in which Joanie Caucus, a Berkeley law graduate, arrives at her reunion to be told that not much has changed except, “Well, we no longer admit Black people.”

Dr. Sander said in an interview that he believes that Berkeley reverted to race-conscious admissions almost immediately.

If so, the impact has been small. The number of African American freshmen admitted to Berkeley has risen to 683, or 5 percent, in the fall of 2024 from 464, or 3 percent, in 2016.

Janet Gilmore, a spokeswoman for the system’s flagship, the University of California, Berkeley, said the institution was complying with the law.

“U.C. Berkeley is committed to admitting and enrolling the best and the brightest students and we do so in compliance with all state, federal and university policies and laws,” she said.

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In the fall of 2006, after the passing of Proposition 209, only 96 of the 4,800 freshmen expected to enroll at U.C.L.A. were Black, the lowest figure since 1973. Twenty of those were athletes, according to a front-page article at the time in The Los Angeles Times. The Black students became known as “the infamous 96,” and administrators blamed the situation on the ballot measure. (Four more Black students were admitted on appeal.)

U.C.L.A. also buckled to public outrage, the complaint says. U.C.L.A. referred questions about the case and its admissions to the larger university system.

In the lawsuit filed on Monday, the complaint cites Tim Groseclose, a member of a faculty oversight committee for U.C.L.A. admissions during that period, who said U.C.L.A.’s chancellor had made admissions more subjective. Dr. Groseclose, now a professor of economics at George Mason University, believed that “this new policy became a subterfuge for reactivating racial preferences in admissions,” the complaint says.

Dr. Sander argues that affirmative action is detrimental to Black and Latino students who are less prepared and struggle academically. His theory, known as “mismatch,” argues that students will do better on measures like grades, persistence in science and math and graduation rates at a college that better matches their preparation. The complaint says that the system has become more and more guarded about such data, shutting down websites that provided it.

But many experts have disputed the mismatch theory, especially after Justice Antonin Scalia commented in 2015, during oral arguments in an affirmative action case at the Supreme Court, that Black students might be better off going to “slower-track” colleges where they could succeed.

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Matthew Chingos, then a vice president of the Urban Institute, challenged Justice Scalia’s comments at the time. Research has shown that students with similar credentials who attend different colleges are more likely to graduate from the more selective colleges, Dr. Chingos noted.

And his analysis found that the mismatch conclusions were based on “at best very weak evidence for this claim and no evidence of any connection to affirmative action policies.”

The complaint filed on Monday allows that “the effects of Proposition 209 upon U.C. and its students were complex and are still debated by academics.” And the evidence it offers is sometimes contradictory.

To bolster the point that the system is cheating, the complaint says statistical analysis shows an improbable parity between the Black and Hispanic admission rates and the overall admission rate. And it says that Dr. Sander’s analysis of publicly available U.C. law school data shows that Black students with relatively low LSAT scores and grade point averages have 10 times as good a chance to be admitted as a white or Asian American student with similar credentials.

But the complaint also notes that Black and Latino graduation rates across the system were “much higher” in 2006 than in 1998. It argues that is because students “cascaded” down to lesser colleges where they could compete.

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And it concedes that there were other factors at play that could explain the increase in Black and Hispanic students — not that they were being favored in the admissions office, but that more were applying and getting in as the university system responded to Proposition 209 by putting more resources into helping them.

Susan C. Beachy contributed reporting.

Education

Opinion | America’s Military Needs a Culture Shift

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Opinion | America’s Military Needs a Culture Shift

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The U.S. military
is broken. Young
Americans want
to fix it.

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Bailey Baumbick traded a
career as a national security
consultant to build tech
solutions
for the challenges
she saw at the Pentagon.

Elias Rosenfeld left a job
in social
impact consulting
to start a career aimed
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at revitalizing America’s
industrial base.

Lee Kantowski spent
eight years in the
Army before
switching to defense tech,
where
he hopes to fix the
military’s outdated tools.

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a New

Definition of

Service

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Bailey Baumbick knew she wanted to serve her country when she graduated from Notre Dame in 2021. Ms. Baumbick, a 26-year-old from Novi, Mich., didn’t enlist in the military, however. She enrolled in business school at the University of California, Berkeley.

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Ms. Baumbick is part of a growing community in the Bay Area that aims to bring high-tech dynamism to the lumbering world of the military. After social media companies and countless lifestyle start-ups lost their luster in recent years, entrepreneurs are being drawn to defense tech by a mix of motivations: an influx of venture capital, a coolness factor and the start-up ethos, which Ms. Baumbick describes as “the relentless pursuit of building things.”

There’s also something deeper: old-fashioned patriotism, matched with a career that serves a greater purpose.

In college Ms. Baumbick watched her father, a Ford Motor Company executive, lead the company’s sprint to produce Covid-19 ventilators and personal protective equipment for front-line health care workers. “I’ve never been more inspired by how private sector industry can have so much impact for public sector good,” she said.

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Ford’s interventions during the Covid-19 pandemic hark back to a time when public-private partnerships were commonplace. During World War II, leaders of America’s biggest companies, including Ford, halted business as usual to manufacture weapons for the war effort.

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The Covid-19 pandemic drove public-private partnerships, such as Ford’s decision to produce ventilators needed by patients and hospitals.

For much of the 20th century, the private and public sectors were tightly woven together. In 1980, nearly one in five Americans were veterans. By 2022, that figure had shrunk to one in 16. Through the 1980s, about 70 percent of the companies doing business with the Pentagon were also leaders in the broader U.S. economy. That’s down to less than 10 percent today. The shift away from widespread American participation in national security has left the Department of Defense isolated from two of the country’s great assets: its entrepreneurial spirit and technological expertise.

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Recent changes in Silicon Valley are bringing down those walls. Venture capital is pouring money into defense tech; annual investment is up from $7 billion in 2015 to some $80 billion in 2025. The Pentagon needs to seize this opportunity, and find ways to accelerate its work with start-ups and skilled workers from the private sector. It should expand the definition of what it means to serve and provide more flexible options to those willing to step in.

The military will always need physically fit service members. But we are headed toward a future where software will play a bigger role in armed conflict than hardware, from unmanned drones and A.I.-driven targeting to highly engineered cyber weapons and space-based systems. These missions will be carried out by service members in temperature-controlled rooms rather than well armed troops braving the physical challenges of the front line.

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For all the latent opportunity in Silicon Valley and beyond, the Trump administration has been uneven in embracing the moment. Stephen Feinberg, the deputy secretary of defense, is a Wall Street billionaire who is expanding the Pentagon’s ties with businesses. Pete Hegseth, the secretary of defense, his “warrior ethos” and exclusionary recruitment have set back the effort to build a military for the future of war.

America has the chance to reshape our armed forces for the conflicts ahead, and we have the rare good fortune of being able to do that in peacetime.

Elias Rosenfeld had been at Stanford for only a month and a half, but he already looked right at home at a recent job fair for students interested in pursuing defense tech, standing in a relaxed posture, wearing beaded bracelets and a sweater adorned with a single sunflower. Rather than use his time in Stanford’s prestigious business school to build a fintech app or wellness brand, Mr. Rosenfeld has set his sights on helping to rebuild the industrial base on which America’s military relies.

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It’s a crucial mission for a country that is getting outbuilt by China, and Mr. Rosenfeld brings a unique commitment to it. Born in Venezuela, he came to the United States at age 6 and draws his patriotism from that country’s experience with tyranny and his Jewish heritage. “Without a strong, resilient America, I might not be here today,” Mr. Rosenfeld says. Working on industrial renewal, he says, is a way to “start delivering as a country so folks feel more inclined and passionate to be more patriotic.”

Not on Mr. Rosenfeld’s agenda: enlisting in the military. In an earlier era, he might have been tempted by a wider suite of options for service. In 1955 the U.S. government nearly doubled the maximum size of the military’s ready reserve forces, from 1.5 million to 2.9 million, in part by giving young men the chance to spend six months in active duty training. Today the U.S. ready reserve numbers just over a million.

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The Pentagon should broaden its sense of service as fewer younger Americans meet the military’s eligibility requirements.

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Other countries provide a model for strengthening the reserves. In Sweden, the military selects the top 5 percent or so of 18-year-olds eligible to serve in the active military for up to 15 months, followed by membership in the reserve for 10 years. The model is so effective that recruits compete for spots, and according to The Wall Street Journal, “former conscripts are headhunted by the civil service and prized by tech companies.”

America’s leaders have argued for a generation that the military’s volunteer model is superior to conscription in delivering a well-prepared force. The challenge is maintaining recruiting and getting the right service members for every mission. There are some examples of the Pentagon successfully luring new, tech-savvy recruits. Since last year, top college students have been training to meet the government’s growing need for skilled cybersecurity professionals. The Cyber Service Academy, a scholarship-for-service program, covers the full cost of tuition and educational expenses in exchange for a period of civilian employment within the Defense Department upon graduation. Scholars work in full-time, cyber-related positions.

The best incentive for enlisting may have nothing to do with service, but the career opportunities that are promised after.

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It was a foregone conclusion that Lee Kantowski would become an Army officer. One of his favorite high school teachers had served, and his hometown, Lawton, Okla., was a military town, a place where enlisting was commonplace. Mr. Kantowski attended West Point and, in the eight years after graduating, went on tours across the world. Now he’s getting an M.B.A. at U.C. Berkeley, co-founded a defense tech club with Ms. Baumbick there and works part-time at a start-up building guidance devices that turn dumb bombs into smart ones.

The military needs recruits like Mr. Kantowski who want to support defense in and out of uniform. Already, nearly one million people who work for the Department of Defense are civilians, supplemented by a similar number of contractors who straddle public and private sectors. Both paths could be expanded.

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A rotating-door approach carries some risk to military cohesion and readiness. The armed services are not just another job: Soldiers are asked to put themselves in danger’s way, even outside combat zones. America still needs men and women who are willing to sign up for traditional tours of duty.

The Reserve Officers’ Training Corps serves as the largest source of commissioned officers for the U.S. military. For more than five decades, R.O.T.C. has paid for students to pursue degree programs — accompanied by military drills and exercises — and then complete three to 10 years of required service after graduation. In 1960 alone, Stanford and M.I.T. each graduated about 100 R.O.T.C. members. Today, that figure is less than 20 combined. The Army has recently closed or reorganized programs at 84 campuses and may cut funding over the next decade.

This is exactly the wrong call. R.O.T.C. programs should be strengthened and expanded, not closed or merged.

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The U.S. Army is closing or reorganizing Reserve Officers’ Training Corps programs across the country.

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It remains true that the volunteer force has become a jobs program for many Americans looking for a ladder to prosperity. It’s an aspect of service often more compelling to enlistees than the desire to fight for their country. In the era of artificial intelligence and expected job displacement, enlistment could easily grow.

Most military benefits have never been more appealing, with signing and retention bonuses, tax-free housing and food allowances, subsidized mortgages, low-cost health care, universal pre-K, tuition assistance and pensions. The Department of Defense and Congress need to find ways to bolster these benefits and their delivery, where service members often find gaps.

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Standardizing post-service counseling and mentorship could help. Expanding job training programs like Skillbridge, which pairs transitioning service members with private sector internships, could also improve job prospects. JPMorgan has hired some 20,000 veterans across the country since creating an Office of Military & Veterans Affairs in 2011; it has also helped create a coalition of 300 companies dedicated to hiring vets.

When veterans land in promising companies — or start their own — it’s not just good for them. It’s also good for America. Rylan Hamilton and Austin Gray, two Navy veterans, started Blue Water Autonomy last year with the goal of building long-range drone ships that could help the military expand its maritime presence without the costs, risks and labor demands of deploying American sailors.

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Blue Water Autonomy, founded and staffed by Navy veterans, is building fully autonomous naval vessels capable of operating at sea for months at a time.

Mr. Gray, a former naval intelligence officer who worked in a drone factory in Ukraine, said Blue Water’s vessels will one day do everything from ferrying cargo to carrying out intelligence, surveillance and reconnaissance missions. This summer, the company raised $50 million to construct a fully autonomous ship stretching 150 feet long.

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Before dawn on a Wednesday morning in October, military packs filled with supplies and American flags sat piled on a dewy field near the edge of Stanford University’s campus. Some of the over 900 attendees at a conference on defense tech gathered around an active-duty soldier studying at the school. The glare of his head lamp broke through the darkness as he rallied the group of students, founders, veterans and investors for a “sweat equity” workout.

“Somewhere, a platoon worked out at 0630 to start their day,” he said. “This conference is all about supporting folks like them, so we are going to start our day the same way.” The group set off for Memorial Church at the center of campus, sharing the load of heavy packs, flags and equipment along the way.

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A group of students, founders, veterans and investors participate in a run during a defense tech conference at Stanford University.

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That attitude is a big change for the Bay Area, not just from the days of 1960s hippie sit-ins but also from the early days of the tech revolution, when Silicon Valley was seen as a bastion of government-wary coders and peaceniks. Now it’s open for business with the Defense Department. “The excitement is there, the concern is there, the passion is there and the knowledge is there,” says Ms. Baumbick.

There are some risks to tying America’s military more closely to the tech-heavy private sector. Companies don’t always act in the country’s national interest. Elon Musk infamously limited the Ukrainian military’s access to its Starlink satellites, preventing them being used to help in a battle with Russian forces in 2022. Private companies are also easier for adversaries to penetrate and influence than the government.

Yet in order to prevent wars, or win them, we must learn to manage the risks of overlap between civilian and military spheres. The private sector’s newly rekindled interest in the world of defense is a generational chance to build the military that Americans need.

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Portraits by Aleksey Kondratyev for The New York Times; Carlos Osorio/Associated Press; Mike Segar/Reuters; Maddy Pryor/Princeton University; Kevin Wicherski/Blue Water Autonomy; Aleksey Kondratyev for The New York Times (2).

The editorial board is a group of opinion journalists whose views are informed by expertise, research, debate and certain longstanding values. It is separate from the newsroom.

Published Dec. 12, 2025

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Video: One Hundred Schoolchildren Released After Abduction in Nigeria

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Video: One Hundred Schoolchildren Released After Abduction in Nigeria

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transcript

transcript

One Hundred Schoolchildren Released After Abduction in Nigeria

One hundred children who had been kidnapped from a Catholic school in northwestern Nigeria last month were released on Sunday. This is part of a larger trend of kidnappings in Nigeria, where victims are released in exchange for ransom.

“Medical checkup will be very, very critical for them. And then if anything is discovered, any laboratory investigation is conducted and something is discovered, definitely they will need health care.” My excitement is that we have these children, 100 of them, and by the grace of God, we are expecting the remaining half to be released very soon.”

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One hundred children who had been kidnapped from a Catholic school in northwestern Nigeria last month were released on Sunday. This is part of a larger trend of kidnappings in Nigeria, where victims are released in exchange for ransom.

By Jamie Leventhal

December 8, 2025

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Video: Testing Wool Coats In a Walk-in Fridge

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Video: Testing Wool Coats In a Walk-in Fridge

new video loaded: Testing Wool Coats In a Walk-in Fridge

When style writer Nicola Fumo realized she’d need to test wool coats before it got too cold out, she accepted the challenge.

November 24, 2025

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