<p>^ No, I think that’s a complete non-sequitur. Look, the IRS pulled Bob Jones University’s tax-exempt status because it discriminated against African-Americans, and the Supreme Court upheld the government’s right to do that. Tax exemptions aren’t a god-given right; they’re a public policy measure, essentially a form of public subsidy designed to encourage activities society values. </p>
<p>In pulling Bob Jones’ tax exemption the government never took the position that BJU had to be open enrollment; only that it couldn’t get a tax exemption if it discriminated on the basis of race, because that’s against public policy. Open enrollment is a completely unrelated concept. I’m not saying elite colleges need to admit everyone—something they obviously couldn’t do. I’m saying that if they give admissions preferences based on hereditary privilege, their tax-exempt status should be revoked as against public policy, just as it can be revoked if they discriminate on the basis of race. That’s all. That’s where the argument ends. There is no “full conclusion” to take that argument to, any more than there was with Bob Jones U and its racial discrimination.</p>