On June 29th, voting 6-3 in the University of North Carolina (UNC) case and 6-2 in the Harvard University case, the Court ruled both universities' affirmative action programs as violations of the Equal Protection Clause.
Affirmative action in college admissions has long been a controversial issue, and a recent Supreme Court decision has brought it to the forefront once again.
In a historic ruling, the Court effectively ended race-conscious admissions, overturning decades of legal precedent. This decision has significant implications for the future of college admissions, diversity, and equal opportunity in higher education which will be explored further in this blog.
These cases involved the organization, Students For Fair Admissions (SFFA) led by Edward Blum, which filed lawsuits against Harvard and UNC. SFFA alleged that the schools discriminated against Asian American students who had SAT and grade scores higher than any other racial group, including white applicants and that the universities’ admissions processes violated the Fourteenth Amendment.
FORBES states in the ruling Chief Justice John Roberts wrote the opinion for the conservative majority, stating that the Harvard and UNC admissions programs lacked measurable objectives to justify using race and that “for too long universities have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”
On the other hand, Justice Sonia Sotomayor along with Justices Elena Kagan and Ketanji Brown Jackson wrote that ”the court’s ruling rolls back decades of precedent and momentous progress,” in her dissent.
Moreover, Jackson, who is also the court's first Black female justice, argued that the notion of "colorblindness for all" in law does not negate the real-life impact of race on individuals' experiences.
The stark contrast of the opinions among the Justices highlights the complexity of the affirmative action debate, which is further reflected in the public opinion that remains divided.
According to NPR.org, a recent Washington Post-Schar School Poll found that 60% of Americans believe that race should not be a factor in college admissions. However, when the question was phrased differently, the results showed that a significant majority supported initiatives aimed at boosting racial diversity on campuses.
Moreover, prominent public figures such as Michelle Obama have expressed strong views on this decision. In a podcast by The Brookings Institution, she acknowledged, "It wasn’t perfect, but there’s no doubt that it helped offer new ladders of opportunity for those who, throughout our history, have too often been denied a chance to show how fast they can climb."
Her statement further underscores how the overturning of affirmative action will have significant implications for marginalized communities, particularly women of color, who have historically benefited from the policy to gain access to higher education and professional opportunities.
Findings from the Harvard Kennedy School show that after the removal of affirmative action programs, there was a noticeable reduction in workplace diversity. This decline particularly impacted Asian women, black women, and Hispanic women.
In regions where affirmative action has been removed, there has been a significant decline in minority college admissions, especially African American students.
According to The New York Times, economists analyzing data from Harvard and UNC estimate that without race-based preferences, the percentage of admitted Black students could drop by around two-thirds.
As just one example, after California banned race-conscious admissions in 1996, the proportions of Black and Latino students at UCLA, one of the most highly selective schools in the state's system, fell drastically and a decade later, only 96 Black students enrolled in a freshman class of nearly 5,000.
While some colleges have attempted to increase the representation of minority groups using other criteria, such as class or economic status, college admissions administrators noted that they have not been as effective as race-conscious admissions in achieving diversity. (NPR News)
Nevertheless, the ruling has motivated colleges to explore various tools to maintain diversity, including using more holistic approaches, recruiting talented low-income students through academic enrichment programs, enhancing financial aid, admitting a percentage of state high school students and using lotteries for qualified candidates.
The Boston Globe reported, “16 schools—including Yale and MIT—have banded together in an effort aimed at recruiting more rural students by working more closely with community colleges and high schools in underserved areas.”
Ultimately, the Associated Press finds despite ongoing attempts in states where affirmative action had been abolished, these efforts have not successfully compensated for considering race in admissions.
As our society continues to grapple with the complex issues of racial equality and inclusivity, it is crucial to ensure that higher education remains accessible and beneficial to all. The end of affirmative action introduces a new phase where addressing these historical inequalities and fostering diversity in education will be tested in different ways. Race has never been an easy subject for Americans to deal with and it will only become more challenging.
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