College admissions policies are discriminatory by nature. Not just anyone can get into Yale or Harvard.
You raise an interesting question—regardless of the obvious snare of private schools taking government funding.
Legacy students are among those defended by private colleges’ right to discriminate. But insofar as private colleges off the public, paid service of higher education, I would think that the anti-discrimination laws that apply to public accommodations could be applied.
If you can’t choose to discriminate by race concerning who eats at your lunch counter, why can you discriminate by race as to whom you provide a higher education? Such schools could presumably choose to reorganize to sell private college “memberships”, but the law can sometimes reach even there: http://law.freeadvice.com/government_law/civil_rights_law_ada/private_discriminate_religious.htm.
Now, of course, enforcement in such situations could be pushed to absurd levels, which is why many conservatives want the reach of such laws to be as minimal as possible while assuring decent treatment for all.
That is true. BUT, you can BUY your way in, like Obama did.
Unless you are Barack 0bama.
“Not just anyone can get into Yale or Harvard.”
Judging by the current occupants of the white hut I cannot justify your conclusion!