A demand letter that said only "Harvard may not use race, gender, or national origin as criteria for admissions and hiring" would be a lot more defensible, and much harder to oppose.
But the government's list of demands includes all kinds of stuff that would be mildly insane even if offered in good faith. And we have seen enough already that any independent organization would be very irresponsible to assume good faith.
I would go so far as to say that any institution trying to make decisions based solely on merit is required to resist this kind of pressure very forcefully. There are many examples of the administration using "DEI" as a buzzword when firing meritorious women and minorities, all the while promoting totally meritless white men.
But the government's list of demands includes all kinds of stuff that would be mildly insane even if offered in good faith. And we have seen enough already that any independent organization would be very irresponsible to assume good faith.
I would go so far as to say that any institution trying to make decisions based solely on merit is required to resist this kind of pressure very forcefully. There are many examples of the administration using "DEI" as a buzzword when firing meritorious women and minorities, all the while promoting totally meritless white men.
-JD '08