The fact that college admission is for sale is an open secret. As with other forms of institutionalized unfairness, there are norms and laws governing the legal and acceptable ways of buying admission. For example, donating large sums of money or funding a building to buy admission are within the norms and laws. But there was admission scandal in which celebrities and other elites broke the rules to get their children into elite colleges. On the face of it, there is no need to argue that what they did was morally wrong. What is more interesting is considering the matter in the context of fairness.

On the surface, the actions of the accused are clearly unfair. While the tactics varied, they included altering admission test results, bribing coaches to accept non-athletes as recruited athletes, and the classic direct bribe. Interestingly, most comments on these misdeeds noted the elites could have used traditional legal and accepted methods of purchasing admission. These methods are unfair because admission was not based on the students’ merits, thus they might have unjustly taken the places of students who merited admission. While the parents did act unfairly, it is worth considering this unfairness within the broader context of our society.

As many others have pointed out over the years, even the normal admission system is unfair. Poor children will almost always attend inferior schools and have far less opportunity to engage in the application enhancing activities available to the well-off. Poor children will also usually not be able to afford tutors, test preparation training, personal statement coaches and so on. They will also usually lack connections that influence admission. In contrast, wealthy children will enjoy a cornucopia of admission advantages. While there were programs and other efforts to provide some microscopic mitigation of disparity, the Trump administration is intent on defunding and dismantling most of these. As such, the disparities in admissions will grow.

It might be countered that some people rose from poverty to attend elite institutions and go on to great success, while some born into wealth have been failures. The obvious reply is that while these stories are interesting, they are just anecdotes and what matters is the general statistics. While some people succeed despite incredible odds, these few examples only show getting out of poverty and into an elite school is extremely unlikely. If people regularly arose from poverty, such success stories would be unremarkable.

In general, college admissions are like a race in which some people must run on foot, some get bikes, some get cars, and some get rocket ships. While one can talk about the merits of people in this race, the competition is fundamentally unfair in intentional ways. I do, obviously, recognize that people vary greatly in abilities. My point is, to stick to the analogy, that even the most talented runner is not going to win against someone who gets to race with a car.

While the elites cheated, they cheated in an already unfair race. To continue the analogy, their children were already driving fast cars in competition with people forced to run. These parents did things analogous to cutting the course and using illegal modifications on their cars. While this certainly matters, it does not matter that much from the perspective of those who were already competing by running. Again, I am not denying that people do vary in ability or that no one ever wins this race on foot or that no one crashes their metaphorical car. My point is that if fairness truly matters, then we should not just be outraged when the elites cheat in an already unfair system, we should be outraged by the unfair system.