Supreme Court strikes down affirmative action in college admissions

Updated at 3:58 p.m.

THE SUPREME COURT on Thursday struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies. / ASSOCIATED PRESS / LUIS MAGANA.

WASHINGTON (AP) – The Supreme Court on Thursday struck down affirmative action in college admissions, forcing institutions of higher education to look for new ways to achieve diverse student bodies.

The court’s conservative majority overturned admissions plans at Harvard and the University of North Carolina, the nation’s oldest private and public colleges, respectively.

Chief Justice John Roberts said 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.”

Justice Clarence Thomas, the nation’s second Black justice who had long called for an end to affirmative action, wrote separately that the decision “sees the universities’ admissions policies for what they are: rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes.”

- Advertisement -

Justice Sonia Sotomayor wrote in dissent that the decision “rolls back decades of precedent and momentous progress.”

Echoing her dissent, President Joe Biden said he “strongly, strongly” disagrees with the court’s ruling. He urged colleges not to let the ruling “be the last word.”

“They should not abandon their commitment to ensure student bodies of diverse backgrounds and experience that reflect all of America,” Biden said from the White House. He said colleges should evaluate “adversity overcome” by candidates.

Both Thomas and Sotomayor took the unusual step of reading a summary of their opinions aloud in the courtroom.

In a separate dissent, Justice Ketanji Brown Jackson — the court’s first Black female justice — called the decision “truly a tragedy for us all.”

The vote was 6-3 in the North Carolina case and 6-2 in the Harvard case. Jackson sat out the Harvard case because she had been a member of an advisory governing board there.

The Supreme Court had twice upheld race-conscious college admissions programs in the past 20 years, including as recently as 2016.

But that was before the three appointees of former President Donald Trump joined the court. At arguments in late October, all six conservative justices expressed doubts about the practice, which had been upheld under Supreme Court decisions reaching back to 1978.

Lower courts also had upheld the programs at both UNC and Harvard, rejecting claims that the schools discriminated against white and Asian American applicants.

The Association of Independent Colleges and Universities of Rhode Island’s membership is “disappointed” by the Supreme Court’s decision Thursday, AICU Rhode Island President Daniel P. Egan said in a statement to Providence Business News. The association’s members are Brown University, Salve Regina University, Bryant University, Roger Williams University, Rhode Island School of Design, New England Institute of Technology, Providence College and Johnson & Wales University.

Egan said the policies that were overturned relied on 40 years of legal precedent in “playing a crucial role in combating racial inequality and promoting equity both on campuses and in society.”

“A college education should be an experience in which students are exposed to new ideas and meet people with backgrounds and experiences different from their own,” Egan said. “Race is just one of many factors considered in the admissions process that constructs a diverse student body that learns from one another.”

Egan also said colleges and universities also share a mission to make U.S. society “a more equitable one” that will ensure the next generation of educated professionals is reflective of the country as society seeks historical injustice and create an equitable future. He also said local colleges and universities will keep diversity “front of mind” in their admissions processes.

R.I. Lt. Gov. Sabina Matos said the decision is a blow to every student of color striving for an opportunity and sets back efforts to address generations of inequality.

“Justices Sotomayor and Jackson’s well-written dissents decrying the backward logic of this decision are a reminder of why we need women of color in every place where decisions are made—starting with our schools,” Matos said in a statement.

Rhode Island College Interim President Jack R. Warner said in a statement the college believes the most effective way to eliminate racial and ethnic disparities is through “intentional application of resources and policies” in the direction of equity and inclusive excellence. The Supreme Court’s decision Thursday “makes that challenge more difficult,” Warner said.

“We are proud that Rhode Island College has an increasingly diverse student body that looks more like the state we serve every day,” Warner said, “and we will work continuously to better serve our mission to be a school of opportunity for all Rhode Islanders.”

State colleges and universities responded to Thursday’s decision as well. Community College of Rhode Island President Meghan L. Hughes said in a statement that the college’s commitment to fostering a welcoming and inclusive environment for individuals of all races and ethnicities “remains unwavering” regardless of the court’s decision.

“We are dedicated to cultivating a teaching and learning environment that deeply values our students’ rich and unique perspectives,” Hughes said. “Our steadfast commitment to affirmative action is integral to advancing equitable opportunities and ensuring that every member of our community has equitable access to education and resources.”

The University of Rhode Island said in a single statement that the university does not consider race as a deciding factor for admission, and will continue to be an institution that values and advances diversity, equity and inclusion. URI is also reviewing the court’s ruling “for any possible influence on other existing university programs,” it said.

Rhode Island College Interim President Jack R. Warner said in a statement the college believes the most effective way to eliminate racial and ethnic disparities is through “intentional application of resources and policies” in the direction of equity and inclusive excellence. The Supreme Court’s decision Thursday “makes that challenge more difficult,” Warner said.

“We are proud that Rhode Island College has an increasingly diverse student body that looks more like the state we serve every day,” Warner said, “and we will work continuously to better serve our mission to be a school of opportunity for all Rhode Islanders.”

The college admissions disputes are among several high-profile cases focused on race in America, and were weighed by the conservative-dominated, but most diverse court ever. Among the nine justices are four women, two Black people and a Latina.

The justices earlier in June decided a voting rights case in favor of Black voters in Alabama and rejected a race-based challenge to a Native American child protection law.

The affirmative action cases were brought by conservative activist Edward Blum, who also was behind an earlier affirmative action challenge against the University of Texas as well as the case that led the court in 2013 to end use of a key provision of the landmark Voting Rights Act.

Blum formed Students for Fair Admissions, which filed the lawsuits against both schools in 2014.

The group argued that the Constitution forbids the use of race in college admissions and called for overturning earlier Supreme Court decisions that said otherwise.

Blum’s group also contended that colleges and universities can use other, race-neutral ways to assemble a diverse student body, including by focusing on socioeconomic status and eliminating the preference for children of alumni and major donors.

The schools said that they use race in a limited way, but that eliminating it as a factor altogether would make it much harder to achieve a student body that looks like America.

At the eight Ivy League universities, the number of nonwhite students increased by 55% from 2010 to 2021, according to federal data. That group, which includes, Native American, Asian, Black, Hispanic, Pacific Islander and biracial students, accounted for 35% of students on those campuses in 2021, up from 27% in 2010.

The end of affirmative action in higher education in California, Michigan, Washington state and elsewhere led to a steep drop in minority enrollment in the states’ leading public universities.

They are among nine states that already prohibit any consideration of race in admissions to their public colleges and universities. The others are: Arizona, Florida, Georgia, Nebraska, New Hampshire and Oklahoma.

In 2020, California voters easily rejected a ballot measure to bring back affirmative action.

A poll last month by The Associated Press-NORC Center for Public Affairs Research showed 63% of U.S. adults say the court should allow colleges to consider race as part of the admissions process, yet few believe students’ race should ultimately play a major role in decisions. A Pew Research Center survey released last week found that half of Americans disapprove of considerations of applicants’ race, while a third approve.

The chief justice and Jackson received their undergraduate and law degrees from Harvard. Two other justices, Elena Kagan and Neil Gorsuch, went to law school there, and Kagan was the first woman to serve as the law school’s dean.

Every U.S. college and university the justices attended, save one, urged the court to preserve race-conscious admissions.

Those schools — Yale, Princeton, Columbia, Notre Dame and Holy Cross — joined briefs in defense of Harvard’s and UNC’s admissions plans.

Only Justice Amy Coney Barrett’s undergraduate alma mater, Rhodes College, in Memphis, Tennessee, was not involved in the cases.

(UPDATE: Additional background and justices’ Ivy League backgrounds added)

(UPDATE: Comment from The Association of Independent Colleges and Universities of Rhode Island President Daniel P. Egan added in 12th, 13th, 14th and 15th paragraphs)

(UPDATE: Comments from Matos added in 16th and 17th paragraphs)

(UPDATE: Comments from Biden added in 6th and 7th paragraphs)

(UPDATE: Comments from CCRI and URI added in 20th, 21st and 22nd paragraphs)

(Update: Comment from RIC added in 27th and 28th paragraphs)

No posts to display

1 COMMENT