Northwestern University’s Pritzker School of Law discriminated against white male applicants in its faculty hiring process, according to a new federal lawsuit citing as cause the US Supreme Court’s 2023 ruling that affirmative action in higher education is unconstitutional.

The sharply worded complaint, filed by Faculty, Alumni, and Opposed to Racial Preferences, opens a new front in the conservative movement’s attempt to proscribe what scholars and activists have described as an insidious pattern of reverse discrimination, which, while intending to assuage the lingering effects of racism in the US, has fostered a new “anti-white” bigotry that penalizes individual merit and undermines the spirit of the 1960s Civil Rights Movement.

Taking aim at “inclusive” hiring practices, the suit focuses on a component of affirmative action in higher education that is not widely known among the American public, such as “cluster hiring” — programs which aim to hire bunches of minority professors at a time — and “diversity recruitment” stipulations which all but guarantee that scores of white men, or individuals perceived as white, are denied employment in academia.

“For decades, left-wing faculty and administrators have been thumbing their noses at federal anti-discrimination statues and openly discriminating on account of race and sex when appointing professors,” court documents filed in the US District Court of Illinois say. “They do this by hiring women and racial minorities with mediocre and undistinguished records over white men who have better credentials, better scholarship, and better teaching ability.”

It continues, “The practice, long known as ‘affirmative action,’ is firmly entrenched at institutions of higher learning and aggressively pushed by leftist ideologues on faculty-appointment committees and in university [diversity, equity, and inclusion] offices. But it is prohibited by federal law, which bans universities that accept federal funds from discriminating on account of race or sex in their hiring decisions.”

The complaint goes on to allege that high-level officials went to great lengths to conceal the law school’s allegedly discriminatory hiring practices, going as far as banning frank discussions about them on a digital messaging forum to avoid “litigation risk.” This code of silence, it argues, enabled the rejection of a job application submitted by Professor Eugene Volokh, a “renowned legal scholar” who has taught law for three decades and is cited in numerous opinions issued by the US Supreme Court. Volokh also clerked for former Supreme Court Justice Sandra Day O’Connor, the first woman ever to serve on the country’s highest court.

“The idea of appointing Professor Volokh was supported by many of Northwestern’s public-law faculty,” the complaint says. “But the appointments committee that year was chaired by former dean Dan Rodriguez, who repeatedly pushed for race-based hirings as dean and refused to even invite Professor Volokh to interview. Because of Rodriguez’s intransigence, Professor Volokh’s candidacy was never even presented to the Northwestern faculty for a vote, while candidates with mediocre and undistinguished records were interviewed and received offers because of their preferred demographic characteristics.”

Volokh was “blocked” from teaching at the law school because he is white, the complaint continues, noting that another white candidate, Ernie Young, was denied a job despite holding a prestigious position at Duke Law School and publishing a mountain of legal scholarship in the thirty years since he graduated from Harvard Law School in 1993. It adds that Pritzker Law was allegedly so committed to excluding accomplished white men from its faculty that it hired Destiny Peery, a Black woman of color who was awarded a tenure-track position “even though the faculty at Northwestern was fully aware of her abysmal academic record as a student at the law school” and had “expressed concerns that Peery was unqualified for an academic appointment and incapable of producing serious scholarship.”

The complaint’s allegations stand to be controversial for its challenging a system that purports to redress the legacy of anti-Black discrimination and sexism and for seeking to apply civil rights laws to white men, a demographic that is described by leading progressives as “privileged.” However, non-white students, both male and female, have complained about the discriminatory effects of racial preferences, which has in practice punished intellectual achievement in pursuit of “social justice” and was even outlawed in California, a state where whites are a minority, decades before it was ruled unconstitutional by the US Supreme Court in Students for Fair Admissions v. Harvard.

“Northwestern Pritzker School of Law is among the top law schools in the country, and we are proud of their outstanding faculty,” Northwestern University said on Wednesday, as reported by ABC News, in a statement responding to the lawsuit. “We intend to vigorously defend this case.”

On Friday, Tammi Rossman-Benjamin, founder of higher education antisemitism watchdog AMCHA Initiative, told The Algemeiner that, in addition to undermining civil rights, racial preferences have fostered antisemitism on college campuses. Admissions and hiring committees packed with progressives ideologues, she said, not only prefer non-white candidates, they also aim to ensure that new hires are ideologically progressive — and, moreover, anti-Zionist. The effect of this, she explained, is that Jews in higher education, whom mainstream progressive ideology classifies as white, are also subject to discrimination, an issue The Algemeiner has covered extensively.

“Racial preferences pit racial identity against the meritocracy, and one of the reasons that Jews have became so prominent in academia is because it is a system that rewards talent, character, and grit. Jews tend to be well-educated and highly achieving, and when an institution’s primary concern is the quality of the individual as opposed to the color of his or her skin or perceived background, Jews excel,” Rossman-Benjamin explained. “What the university stands for, academic integrity and excellence, are values that have lifted Jews up in America, and, in addition to being critical for advancing humanity, they have been one of the most important sources of our strength in this country.”

She continued, “However, when you impose academia criteria that have nothing to do with those values and nothing to do with academic integrity but everything to do with a political agenda that really at its core is discriminatory and hateful — and antisemitic — you make the university not just a hostile place for Jews but also a hostile place for learning.”

Rossman-Benjamin further argued that progressives have effortlessly “captured” higher education institutions over the past several decades and that their predominance in academia and the explosion of antisemitism on campuses across the US are directly linked.

“What’s so interesting is that the way you know that contemporary progress is not just a fraudulent and bankrupt ideology but an evil one, is that it produces antisemitism,” she continued. “Antisemitism is a bellwether of its malevolence. If it were positive and healthy, it would lift people up — but it isn’t. In fact, it is hurting them in the deepest ways.”

Follow Dion J. Pierre @DionJPierre.

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