Chapter 16: Lani Guinier, Democratic Merit, Critical Race Theory and Higher Education Admissions: Understanding Clarence Thomas as a Racial Activist

Federal and state education policy has increased expectations for secondary schools’ preparation of all students for post-secondary education or careers (Darling-Hammond, Wilhoit, & Pittenger, 2014; Stosich, Snyder, & Wilczak, 2018). However, the preparation that students receive for college and career readiness has proven to be unsatisfactory and inadequate (Lee & Wu, 2017); moreover, even the insufficient preparation that students receive in secondary schools is unevenly and inequitably distributed (Horn, 2005; Musoba, 2011; Oakes, 2003). Even policies that purport to pursue equitable academic opportunities and outcomes for all students place traditionally marginalized students at-risk of harm—both emotional (Magee, 2016; Ridgeway & Yerrick, 2016) and physical (Nelson & Waltz, 2019)—and fail to produce equitable outcomes. The inadequate preparation of students for postsecondary studies or immediate matriculation into the workforce manifests itself both within and across the United States as well as individual states, local districts, and sometimes neighborhoods (Jenkins Robinson, 2013). For the past three centuries, policies pursuing equitable access to higher education access and outcomes from higher education have both involved and impacted as well as evaded Black American students and aspiring Black students (Nelson, 2016; Toldson, 2014).