Racial Discrimination Persists in California Colleges Despite Court Rulings

Activist professor fights group-based policies that favor some students over others

Published on Feb. 11, 2026

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A Cornell University law professor has documented widespread racial discrimination in higher education programs and scholarships across California, despite a 2023 Supreme Court ruling that such practices violate civil rights laws. The professor's organization has filed over 275 legal challenges against colleges and universities for programs that unfairly benefit certain racial and ethnic groups, arguing that the schools are finding ways to circumvent the court's decision through rebranding efforts and other tactics.

Why it matters

The persistence of race-based policies in California colleges raises concerns about equal opportunity in higher education and the ability of the legal system to enforce civil rights protections. The professor's efforts highlight the challenge of dismantling deeply entrenched cultural biases and administrative practices that prioritize group identity over individual rights.

The details

The professor, William Jacobson, founded the CriticalRace.org and Equal Protection Project organizations to document and challenge discriminatory programs in higher education. He has filed civil rights complaints against over 275 institutions covering more than 750 programs and scholarships that he says violate laws prohibiting racial discrimination. Examples include the Puente Project, which provides benefits to Hispanic/Latinx students at 65 California community colleges, and several race-based student centers and scholarships at UC Berkeley.

  • In 2023, the Supreme Court ruled in Students for Fair Admission v. Harvard that race-conscious admissions decisions violate the Equal Protection Clause and civil rights laws.
  • Jacobson's organizations have filed legal challenges against colleges and universities across California over the past several years.

The players

William Jacobson

A clinical professor of law at Cornell University and the founder of the CriticalRace.org and Equal Protection Project organizations, which have documented and challenged race-based policies in higher education.

CriticalRace.org

An organization founded by Jacobson that has documented the spread of Critical Race Theory and related diversity, equity, and inclusion (DEI) initiatives in over 700 higher education institutions, including medical schools.

Equal Protection Project (EqualProtect.org)

An organization founded by Jacobson that has filed legal challenges against more than 275 higher education institutions covering over 750 programs and scholarships that it says violate civil rights laws.

Puente Project

A program that provides educational benefits to Hispanic/Latinx students at 65 California community colleges, which Jacobson's organization has filed a civil rights complaint against.

UC Berkeley

A university that Jacobson's organization has filed a civil rights complaint against for five race- and ethnicity-based programs, including the Black Resource Center, Latinx Student Resource Center, and a scholarship restricted to 'African American' students.

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What they’re saying

“Eliminating racial discrimination means eliminating all of it.”

— Supreme Court (Students for Fair Admission v. Harvard)

“We have found group identity discrimination in many other California college programs and scholarships (some of which have reformed after our complaint), including UCLA (12 relevant scholarships), UC Irvine (minimum racial quotas), The Claremont Colleges (more than one dozen programs), Loyola Marymount (five scholarships), the Cal State System (program running on 8 campuses), Santa Clara University (corporate training program), University of San Diego (six scholarships), and UC Berkeley Haas School of Business (MBA Access program).”

— William Jacobson, Founder, CriticalRace.org and Equal Protection Project (nypost.com)

What’s next

Jacobson's organizations plan to continue filing legal challenges against colleges and universities in California that maintain race-based programs and scholarships, in an effort to fully eliminate discriminatory practices in higher education despite the entrenched cultural biases supporting them.

The takeaway

Despite a clear Supreme Court ruling against race-conscious policies in higher education, many California colleges and universities are finding ways to circumvent the law and maintain programs that unfairly benefit certain racial and ethnic groups over others. Dismantling this deeply rooted culture of group identity discrimination will require sustained legal action and a broader shift in the mindset of higher education administrators and faculty.