Non-Zero Sum Games: A Comprehensive Guide
- On June 29, 2023, the Supreme Court effectively ended affirmative action in college admissions, ruling against Harvard University and the University of North Carolina (UNC).
- Affirmative action policies have a long and complex history in the United states, originating in the 1960s to address systemic discrimination against marginalized groups.
- However, these precedents were consistently challenged, and the legal landscape shifted with changes in the Court's composition.SFFA, founded by Edward Blum, specifically targeted Harvard's admissions practices, alleging discrimination...
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Supreme Court Ends Affirmative Action in College Admissions
What Happened?
On June 29, 2023, the Supreme Court effectively ended affirmative action in college admissions, ruling against Harvard University and the University of North Carolina (UNC). The cases, brought by Students for Fair Admissions (SFFA), argued that the universities’ race-conscious admissions policies violated the Equal Protection Clause of the Fourteenth Amendment. The Court found that these policies, while aiming to promote diversity, used race as a determining factor, which is unconstitutional.
the History of Affirmative Action
Affirmative action policies have a long and complex history in the United states, originating in the 1960s to address systemic discrimination against marginalized groups. Initially focused on employment, these policies expanded to higher education in the 1970s with the goal of increasing portrayal of underrepresented minorities.Landmark cases like Regents of the University of California v.Bakke (1978) established that while quotas were unconstitutional, race could be considered as *one factor* among many in admissions.Subsequent rulings, including Grutter v.Bollinger (2003),upheld the use of race-conscious admissions,emphasizing the educational benefits of a diverse student body.
However, these precedents were consistently challenged, and the legal landscape shifted with changes in the Court’s composition.SFFA, founded by Edward Blum, specifically targeted Harvard’s admissions practices, alleging discrimination against Asian American applicants. The association argued that Harvard held Asian Americans to a higher standard than applicants of other racial groups.
Key Findings of the Court
Chief Justice John Roberts, writing for the majority, stated that Harvard and UNC’s admissions programs lacked a compelling interest that could justify the use of race. The Court held that the universities’ policies failed to offer measurable objectives tied to the use of race and relied on racial stereotypes. Roberts emphasized that students must be treated based on each individual’s experiences and not on their race.
The Court did acknowledge that a student’s discussion of how race affected their life, be it through discrimination, inspiration, or otherwise, could be considered as part of a holistic review, *provided* it is tied to a quality or characteristic the student can contribute to the university. However, this essay-based consideration cannot be a determining factor in admissions.
Dissenting Opinions
Justice Sonia Sotomayor, in a dissenting opinion joined by Justices Elena Kagan and Ketanji Brown Jackson, argued that the majority’s decision ignores the continuing effects of racial inequality in the United States. She warned that the ruling would hinder efforts to create diverse and inclusive learning environments.Justice jackson, the court’s first Black female Justice, wrote a separate dissent, highlighting the importance of considering race in the context of historical and ongoing discrimination.
Impact on College Admissions
The Supreme Court’s decision is expected to have a significant impact on college admissions practices across the country. Universities are now prohibited from using race as a direct factor in admissions decisions. Many institutions are scrambling to revise their policies to comply with the ruling, focusing on alternative strategies to promote diversity.
These strategies include:
- Holistic Review (Revised): Focus