The Supreme Court has made big decisions on affirmative action in colleges. These decisions have sparked a lot of debate. From the Bakke case to recent cases like SFFA v. Harvard and SFFA v. University of North Carolina, the Court’s views on using race in college admissions have changed. This has affected diversity efforts in schools across the country.
In a 6-3 decision, the U.S. Supreme Court said Harvard and the University of North Carolina’s race-based admissions break the Equal Protection Clause. This clause is part of the U.S. Constitution’s Fourteenth Amendment. The Court said race-based programs must be very strict. They must have a strong reason and be very specific.
This big decision changes how affirmative action works. The Court said race-based admissions won’t be needed by 2028, as decided in Grutter v. Bollinger. Now, colleges can’t use race as a key factor in choosing students. This affects Black and Latino students who have benefited from these policies.
Historical Background of Affirmative Action and the Equal Protection Clause
In the early 1960s, President John F. Kennedy started affirmative action with Executive Order 10925. This order said no one should be judged by race, creed, color, or where they’re from. It was the start of efforts to give everyone equal chances.
Evolution of the Equal Protection Clause and Racial Discrimination
The equal protection clause in the Fourteenth Amendment is key to affirmative action. It says states can’t deny anyone equal laws. Over time, the Supreme Court used this to fight racial discrimination and ensure everyone has a fair chance.
Brown v. Board of Education: Overturning Legal Segregation
The Brown v. Board of Education case in 1954 changed everything. The Court said “separate but equal” was wrong. This led to ending legal segregation in schools and helped start affirmative action.
“Separate educational facilities are inherently unequal.”
This case was a big win for civil rights. It helped lead to more affirmative action programs later on.
Landmark Supreme Court Decisions on Affirmative Action
The Supreme Court has made key decisions on affirmative action in college admissions. These decisions have changed the legal rules. Two decisions are especially important in this debate.
Regents of University of California v. Bakke: The “Plus” Factor
In 1978, the case of Regents of University of California v. Bakke looked at racial quotas in college admissions. The Court said racial quotas were wrong. But, it said race could be a “plus” in admissions.
This decision helped create affirmative action policies. These policies aim to increase diversity in colleges.
Grutter v. Bollinger: Educational Benefits of Diversity as Compelling Interest
In 2003, the Court made another big decision in Grutter v. Bollinger. It said diversity in colleges is very important. The Court said race could be considered in admissions if done carefully.
This decision showed how diversity helps students and prepares them for a diverse world.
These two decisions have greatly influenced affirmative action in colleges. They set rules for when race can be considered in admissions. They also explain why diversity is important in education.
The Supreme Court’s 2023 Ruling: SFFA v. Harvard and SFFA v. UNC
Overview of the Cases and Court’s Decision
On June 29, 2023, the U.S. Supreme Court made a big decision. They said Harvard and the University of North Carolina’s (UNC) race-based admissions are not legal. The Court’s 6-3 vote, led by Chief Justice Roberts, changed 45 years of affirmative action rules.
Evaluation of Harvard and UNC’s Admissions Programs
Harvard had a long history of keeping out Black, Latinx, Indigenous, and Asian American students. UNC, the oldest public university, first let in Black students in 1951, 160 years late, under court order.
The Court said using race in college admissions doesn’t help enough to be legal. This decision changed the rules that let race-based admissions before.
“The Constitution abhors classifications based on race because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all.”
This Supreme Court decision will change how affirmative action works in schools and beyond.
affirmative action supreme court
The Supreme Court’s decisions on affirmative action have changed college admissions a lot in the U.S. They ruled that race can’t be used in college admissions anymore. This means affirmative action can’t help make colleges more diverse.
The court’s decision in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina changed how colleges pick students. Now, colleges can’t use race to help students get in. They must change how they pick students to follow the law.
- This decision might mean fewer Black, Hispanic/Latino, and Native American students at top colleges. These groups got more help from affirmative action.
- Before this, some top colleges used affirmative action. But most colleges didn’t look at race when choosing students.
- Now, there’s worry about how diverse students will be at top colleges. There’s also concern about how this affects jobs and opportunities for minority groups.
“The Supreme Court’s ruling on affirmative action will have far-reaching consequences for the future of diversity in higher education and the workforce. It’s a complex issue with no easy answers, and the full impact remains to be seen.”
Colleges and employers will have to think carefully about this big change. They’ll need to find new ways to make their places more fair and welcoming.
Implications of the Court’s Ruling on Diversity in Higher Education
The Supreme Court has made a big decision. They said race can’t be a main factor in college admissions. This means colleges and universities must change how they pick students to keep their campuses diverse.
Colleges now face a big challenge. They need to find ways to keep their student body diverse without using race. Some ideas include helping students from poorer backgrounds, offering more scholarships, and looking at more than just grades in applications.
| Metric | Pre-Ruling | Post-Ruling |
|---|---|---|
| College Application Volume | 2022-23 Academic Year | 2023-24 Academic Year (+9%) |
| Applicants Identifying as Black or Latino | N/A | Black (+12%), Latino (+13%) |
| Applicants from Below-Median-Income ZIP Codes | N/A | +12% |
Selective colleges might feel the court’s decision the most. They used race to help keep their campuses diverse. Now, they must change their ways to meet the court’s rules while keeping their campuses diverse.
“The Supreme Court’s ruling against affirmative action may impact the ability to maintain racial and ethnic diversity in higher education.”
Colleges must watch how their new policies affect diversity, equity, and inclusion. They will need to keep checking and changing their policies. This is to make sure all students get a diverse and inclusive education.
Considerations for Race-Neutral Admissions Policies
The Supreme Court has changed the rules on race in college admissions. Now, colleges are looking at race-neutral ways to pick students. They need to think about what makes a good admissions policy.
Permissible Factors and Individualized Review
Colleges can’t use race directly in admissions anymore. But, they can look at many other things. They can look at a student’s money situation, if they’re the first in their family to go to college, where they’re from, and how they’ve overcome hard times.
Admissions officers should really think about a student’s life story. This includes their money situation, where they grew up, and any hard times they’ve faced. This way, they can find students who are strong and can do well in college.
| Permissible Factors | Benefits |
|---|---|
| Socioeconomic status | Helps minorities and first-time college students, not just by race |
| First-generation college student status | Helps students from different backgrounds get into college |
| Geographic diversity | Brings new views and experiences to campus |
| Overcoming adversity | Shows an applicant’s strength and potential for success |
By looking at these factors and reviewing each student fully, colleges can keep their student body diverse. They follow the Supreme Court’s decision this way.
Dissenting Opinions and Criticisms of the Court’s Decision
The Supreme Court’s decision on affirmative action in college admissions has caused a big debate. Several Justices disagreed and many are worried about the effects of the ruling.
Justices Sotomayor, Kagan, and Brown Jackson said the majority’s decision goes backward. They believe it hurts diversity and equal chances in colleges. They think the Court is taking away the right to a diverse student body.
These Justices fear fewer minorities will get into top colleges. This could undo the progress made in mixing different groups and ensuring equal education chances. Justice Sotomayor said the decision “subverts the constitutional guarantee of equal protection by hindering historically marginalized groups’ access to higher education.”
- Justice Clarence Thomas agrees with the majority. He thinks college admissions based on race is unfair.
- Experts like NYU law professor Melissa Murray worry that ending affirmative action will lower minority students at colleges. This is what happened at the University of California Berkeley.
- The decision also lets military schools keep their own rules, which Justices Sotomayor and Jackson don’t like.
This Supreme Court decision has started a big debate. People are talking about affirmative action and its role in making colleges diverse and fair.
“The Supreme Court’s decision subverts the constitutional guarantee of equal protection by hindering historically marginalized groups’ access to higher education.”
– Justice Sonia Sotomayor
| Metric | University of North Carolina | Harvard College |
|---|---|---|
| Percentage of Black Applicants Admitted (Top Academic Decile) | Over 80% | N/A |
| Percentage of White and Asian Applicants Admitted (Top Academic Decile) | Under 70% | N/A |
| Percentage of Black Applicants Admitted (Second Highest Academic Decile) | 83% | N/A |
| Percentage of White Applicants Admitted (Second Highest Academic Decile) | 58% | N/A |
| Percentage of Asian Applicants Admitted (Second Highest Academic Decile) | 47% | N/A |
| Percentage of Black Applicants Admitted (Third Highest Academic Decile) | 77% | N/A |
| Percentage of White Applicants Admitted (Third Highest Academic Decile) | 48% | N/A |
| Percentage of Asian Applicants Admitted (Third Highest Academic Decile) | 34% | N/A |
Impact on Military Academies and Service Academies
The Supreme Court’s recent decision on affirmative action didn’t directly change how military academies pick students. Chief Justice John Roberts said these schools might have special reasons to use race in their choices. This could affect how diverse the U.S. military’s leaders will be.
About 25% of the military’s leaders go to military schools. Most come from ROTC or other training. 35 former military leaders, including four past heads of the Joint Chiefs of Staff, said affirmative action in schools is key. They believe a diverse group of leaders helps prevent problems like resentment and violence in the military.
The court’s decision might lead to more legal fights over how military schools admit students. Justice Sonia Sotomayor wondered why military schools got a special rule but not religious schools. With this ruling, the push for a more diverse military leadership could still face hurdles.