A group of senators from across the aisle introduced the Educational Reforms and Institutional Transparency Act, known as the Merit Act, on Thursday. The legislation would forbid accredited colleges and universities in the United States from granting admission preference on the basis of family connections or large donations, although faith‑based institutions would be exempt.
Legislative sponsors
The bill is sponsored by Republicans Todd Young of Indiana, Tim Scott of South Carolina and John Kennedy of Louisiana, together with Democrats Tim Kaine of Virginia, Raphael Warnock of Georgia and Andy Kim of New Jersey.
State‑level precedents
State action on legacy admissions has accelerated this year. California and Maryland each passed laws in 2024 that ban legacy preferences outright. In Virginia, former Governor Glenn Youngkin (R) signed legislation that bars public universities from offering such advantages.
Several private colleges have already moved away from the practice. Amherst, Wesleyan and Johns Hopkins have voluntarily ended legacy admissions. Johns Hopkins reported that the share of legacy students fell from 8.5 % to 1.7 % between 2013 and the present, while enrolments of first‑generation or low‑income students have risen.
National context
The push for a federal ban gained momentum after the Supreme Court’s June 2023 decisions that struck down racial preferences in college admissions, a ruling that affected the Harvard and University of North Carolina cases. The Merit Act would codify a nationwide prohibition, mirroring the recent state measures.
Academic commentary
Some scholars argue that universities should retain full discretion over admissions. Harvard professor Noah Feldman wrote that institutions “should retain autonomy over admissions”. Harvard historian James Hankins, also of Harvard, contended that legacy preferences foster "intergenerational continuity."
Former Harvard presidents Derek Bok and Larry Summers have publicly called for the end of legacy admissions. Summers has suggested expanding freshman class sizes, a proposal that the University of Chicago and Dartmouth have said they will explore.
Faith‑based exemption
The exemption for religious schools raises questions for historically religious colleges such as Harvard, Yale and Princeton, which have previously invoked First Amendment arguments to defend their admissions policies, including a 2023 court claim relating to free speech and the exclusion of Jewish students.
First reported by the source.