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Divided Supreme Court outlaws affirmative action in college admissions, says race can't be used

Divided Supreme Court outlaws affirmative action in college admissions, says race can't be used
In the context of higher education, student body diversity is *** compelling state interest that can justify the narrowly tailored use of race in admissions. We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interests that we approve. Today. Justice Sandra Day o'connor announced the Supreme Court's decision on the landmark case, Grutter versus Bollinger in 2003, protecting affirmative action. In that case, the court ruled that the University of Michigan Law School's use of race in its admissions process did not violate the 14th amendment's equal protection clause. The court held that an applicant's race may be one factor in admission to *** public educational institution. So long as it was one of many factors and part of an effort to increase diversity on campus rather than *** fixed quota of minority students. The justices envisioned *** future in which the need to consider race would be unnecessary accordingly. Race conscious admissions policies must be limited in time enshrining *** permanent justification for racial preferences would offend this fundamental equal protection principle. Now 20 years later, many anticipate the current justices may overturn or reduce affirmative action since the civil rights movement. Race conscious admission policies have been adopted by many academic institutions. Cornell University Law School defines affirmative action as *** set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination and prevent such discrimination in the future. Until the 19 seventies, Harvard College admitted fewer than 12 black undergraduates each year according to the Harvard Crimson. In 2022 Harvard's undergraduate class was 10.7% black University of North Carolina Chapel Hill accepted four black freshmen in 1960 only 18 in 1963. In 2022 UN CS undergraduate class was 10% black today. Both Harvard and UN C are at the center of separate cases in which the Supreme Court decides if race should be *** factor in the admissions process. Students for fair admissions versus President and fellows of Harvard argue that race based admission policies discriminate against Asian American and White students. While the students for fair admissions versus University of North Carolina argues that race based admission policies discriminate against Asian American students only. This is not the first time that Asian American students have been considered in an affirmative action case. In 2016. Justice Alito dissented from the majority opinion in Fisher versus the University of Texas and made sharp criticism of U T S practices classes with no Asian American students outnumber classes with no Hispanic students yet. The university's plan discriminates against Asian American students. How can such *** plan be said to promote classroom diversity? The common link in all three cases is Edward Bloom, *** conservative strategist and president of the special interest group students for fair admissions who has now brought an astounding eight anti affirmative action cases before the Supreme Court S F FA s complaint alleges Harvard intentionally and artificially limits the number of Asian Americans to whom it will offer admission. Asians should be getting into Harvard more than whites, but they don't because Harvard gives them significantly lower personal ratings. Harvard ranks Asians less likable, confident and kind. Even though the alumni who actually meet them disagree. Harvard has denied these claims and pointed out that previous lower courts have found no evidence of sfa's claim. Solicitor General Elizabeth Preger represented the United States government and argued *** blanket ban on race conscious admissions would cause racial diversity to plummet at many of our nation's leading educational institutions having served on *** Harvard Board of Overseers Justice. Kanji Brown Jackson has recused herself from the Harvard case. She will however be voting in the UN C case from 1996 to 2012, 8 states banned affirmative action. Since then, public perception of affirmative action has swung from one extreme to the other. According to Pew research in 2014 65% of survey participants said they support affirmative action programs on campus compared to 2022 when 74% of those who participated in *** pew survey said they don't believe race should be *** factor in the admissions process yet. The question remains what will become of educational institutions if the court strikes down affirmative action. The Supreme Court is expected to announce its decision by June 2023.
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Divided Supreme Court outlaws affirmative action in college admissions, says race can't be used
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.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.The decision, like last year’s momentous abortion ruling that overturned Roe v. Wade, marked the realization of a long-sought conservative legal goal, this time finding that race-conscious admissions plans violate the Constitution and a law that applies to colleges that receive federal funding, as almost all do.Those schools will be forced to reshape their admissions practices, especially top schools that are more likely to consider the race of applicants.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.”Read the court’s opinion here.From the White House, President Joe Biden said he “strongly, strongly” disagreed with the court’s ruling and urged colleges to seek other routes to diversity rather than let the ruling “be the last word.”Besides the conservative-liberal split, the fight over affirmative action showed the deep gulf between the three justices of color, each of whom wrote separately and vividly about race in America and where the decision might lead.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.”Justice Sonia Sotomayor wrote in dissent that the decision “rolls back decades of precedent and momentous progress.”Both Thomas and Sotomayor, the two justices who have acknowledged affirmative action played a role in their admissions to college and law school, took the unusual step of reading summaries 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.”Jackson, who sat out the Harvard case because she had been a member of an advisory governing board, wrote, “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in life.”The vote was 6-3 in the North Carolina case and 6-2 in the Harvard case. Justice Elena Kagan was the other dissenter.Biden, who quickly stepped before cameras at the White House, said of the nation's colleges: “They should not abandon their commitment to ensure student bodies of diverse backgrounds and experience that reflect all of America,” He said colleges should evaluate “adversity overcome” by candidates.In fact, an applicant for admission still can write about, and colleges can consider, “how race affected his or her life, be it through discrimination, inspiration or otherwise,” Roberts wrote.But the institutions “may not simply establish through application essays or other means the regime we hold unlawful today,” he wrote. Presidents of many colleges quickly issued statements affirming their commitment to diversity regardless of the court’s decision. Many said they were still assessing the impact but would follow federal law.“Harvard will continue to be a vibrant community whose members come from all walks of life, all over the world,” school President Lawrence Bacow said in a statement.President Reginald DesRoches of Rice University in Houston said he was “greatly disappointed” by the decision but “more resolute than ever” to pursue diversity. “The law may change, but Rice’s commitment to diversity will not,” he said in a campus message.Former Presidents Donald Trump and Barack Obama offered starkly different takes on the high court ruling. The decision marked “a great day for America. People with extraordinary ability and everything else necessary for success, including future greatness for our Country, are finally being rewarded," Trump, the current Republican presidential frontrunner, wrote on his social media network.Obama said in a statement that affirmative action “allowed generations of students like Michelle and me to prove we belonged. Now it’s up to all of us to give young people the opportunities they deserve — and help students everywhere benefit from new perspectives.” 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 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.Roberts' opinion effectively did so, both Thomas and the dissenters wrote.The only institutions of higher education explicitly left out of the ruling are the nation's military academies, Roberts wrote, suggesting that national security interests could affect the legal analysis.Blum’s group had 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 from 27% in 2010 to 35% in 2021, according to federal data. Those men and women include Asian, Black, Hispanic, Native American, Pacific Islander and biracial students.Nine states already prohibit any consideration of race in admissions to their public colleges and universities. The end of affirmative action in higher education in California, Michigan, Washington state and elsewhere led to a steep drop in minority enrollment in those states’ leading public universities.The other states 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.Associated Press writer Collin Binkley contributed to this report.

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.

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.

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The decision, like last year’s momentous abortion ruling that overturned Roe v. Wade, marked the realization of a long-sought conservative legal goal, this time finding that race-conscious admissions plans violate the Constitution and a law that applies to colleges that receive federal funding, as almost all do.

Those schools will be forced to reshape their admissions practices, especially top schools that are more likely to consider the race of applicants.

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.”

Read the court’s opinion here.

From the White House, President Joe Biden said he “strongly, strongly” disagreed with the court’s ruling and urged colleges to seek other routes to diversity rather than let the ruling “be the last word.”

Besides the conservative-liberal split, the fight over affirmative action showed the deep gulf between the three justices of color, each of whom wrote separately and vividly about race in America and where the decision might lead.

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.”

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

Both Thomas and Sotomayor, the two justices who have acknowledged affirmative action played a role in their admissions to college and law school, took the unusual step of reading summaries 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.”

Jackson, who sat out the Harvard case because she had been a member of an advisory governing board, wrote, “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in life.”

The vote was 6-3 in the North Carolina case and 6-2 in the Harvard case. Justice Elena Kagan was the other dissenter.

Biden, who quickly stepped before cameras at the White House, said of the nation's colleges: “They should not abandon their commitment to ensure student bodies of diverse backgrounds and experience that reflect all of America,” He said colleges should evaluate “adversity overcome” by candidates.

In fact, an applicant for admission still can write about, and colleges can consider, “how race affected his or her life, be it through discrimination, inspiration or otherwise,” Roberts wrote.

But the institutions “may not simply establish through application essays or other means the regime we hold unlawful today,” he wrote.

Presidents of many colleges quickly issued statements affirming their commitment to diversity regardless of the court’s decision. Many said they were still assessing the impact but would follow federal law.

“Harvard will continue to be a vibrant community whose members come from all walks of life, all over the world,” school President Lawrence Bacow said in a statement.

President Reginald DesRoches of Rice University in Houston said he was “greatly disappointed” by the decision but “more resolute than ever” to pursue diversity. “The law may change, but Rice’s commitment to diversity will not,” he said in a campus message.

Former Presidents Donald Trump and Barack Obama offered starkly different takes on the high court ruling. The decision marked “a great day for America. People with extraordinary ability and everything else necessary for success, including future greatness for our Country, are finally being rewarded," Trump, the current Republican presidential frontrunner, wrote on his social media network.

Obama said in a statement that affirmative action “allowed generations of students like Michelle and me to prove we belonged. Now it’s up to all of us to give young people the opportunities they deserve — and help students everywhere benefit from new perspectives.”

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 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.

Roberts' opinion effectively did so, both Thomas and the dissenters wrote.

The only institutions of higher education explicitly left out of the ruling are the nation's military academies, Roberts wrote, suggesting that national security interests could affect the legal analysis.

Blum’s group had 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 from 27% in 2010 to 35% in 2021, according to federal data. Those men and women include Asian, Black, Hispanic, Native American, Pacific Islander and biracial students.

Nine states already prohibit any consideration of race in admissions to their public colleges and universities. The end of affirmative action in higher education in California, Michigan, Washington state and elsewhere led to a steep drop in minority enrollment in those states’ leading public universities.

The other states 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.

Associated Press writer Collin Binkley contributed to this report.