The Supreme Court hears affirmative action cases
Image: SupremeCourt.gov
The Supreme Court heard five hours of arguments on Monday across a pair of cases challenging whether colleges can consider race in admissions decisions, a practice known as affirmative action.
🎓 Background: In the late ‘60s, admissions departments around the country began implementing affirmative action policies in response to the civil rights movement. They were aimed at accepting more students of color, who hadn’t been allowed to attend most colleges and universities prior to that time.
In the years since, affirmative action has been the subject of several major decisions handed down by the Supreme Court:
- 1978: SCOTUS ruled 5-4 that universities couldn’t set specific numerical targets based on race for admissions (aka a quota system). Instead, the Court said they could consider race as one of many factors for admission.
- 2013: SCOTUS ruled 7-1 that the burden of proof is on schools to demonstrate their affirmative action policies are "narrowly tailored" and necessary for campus diversity. A follow-up 4-3 decision in 2016 stipulated that "a college must continually reassess its need for race-conscious review.”
⚖️ That brings us to this week… The two cases heard Monday were brought by conservative group Students for Fair Admissions against Harvard University and the University of North Carolina. The suits are both challenging the 1978 SCOTUS ruling that allowed schools to consider race as one of many factors.
- In pre-trial briefs, Students for Fair Admissions argued such a policy results in discrimination against disfavored groups – specifically Asian American and white applicants – in violation of the 14th Amendment.
- The universities argued racial diversity is an essential part of their educational experiences, and that the only effective way to ensure diversity is by explicitly considering race in admissions.
👀 Looking ahead… The Court’s ruling is expected by next summer.
📊 Flash poll: Do you think colleges and universities should be able to consider race as one of many factors for admission?
See a 360° view of what the media is saying →
Sprinkles from the Left
- Some commentators argue that it’s impossible to claim that Black students have the same equality of opportunity as other students – thus, the end of affirmative action will result in a decline in overall Black attendance at top schools.
- Others argue that SCOTUS has already been far too aggressive in overturning major precedents merely because its membership – not reality – has seen dramatic shifts, and recommend against doing so again.
- “The End of Affirmative Action Would Be a Disaster” –Lee C. Bollinger and Geoffrey R. Stone, The Atlantic
- “On race-conscious university admissions, SCOTUS should follow precedent” –WaPo Editorial Board
- “Clarence Thomas Has One Great Point About Affirmative Action” –Mark Joseph Stern, Slate
Sprinkles from the Right
- Some commentators argue that the Supreme Court never should have created a loophole for race-based admissions in 1978, and the current Court should do away with affirmative action once and for all.
- Others contend that there are better ways to make school campuses diverse without unfairly discriminating against Asian American and white students, such as considering economic backgrounds.
- “Racial discrimination has no place in higher education” –Washington Examiner Editorial Board
- “Affirmative Action Is Wrong. There’s a Better Way to Make Campuses Diverse.“ –Renu Mukherjee, Manhattan Institute
- “Affirmative Action Exposes the Secret Meaning of Equity” –William McGurn, WSJ
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