The Supreme Court’s Ruling on Race Conscious Decisions
On June 29, the Supreme Court ruled that race can no longer be considered a factor in university admissions. This historic decision upended a previous policy called affirmative action otherwise known as positive discrimination. This ruling will impact students in the upcoming college admissions cycle, which is why we wanted to share an overview of how the ruling came to be, why it was overturned and what the potential solutions are.
Students for Fair Admissions (SFFA) v. Harvard and SFFA v. UNC
The Students for Fair Admissions (SFFA) filed two lawsuits in 2014 alleging universities violated the equal protection clause of the 14th Amendment by using race-conscious admission practices. The SFFA believes that a student’s race or ethnicity should neither help nor harm a student’s chance of being admitted to a university. It wasn’t until January 24, 2022 that the Supreme Court agreed to hear the suits filed by the SFFA accusing Harvard and the University of North Carolina of having race-based admission policies that are discriminatory against Asian-American and White students.
The Implications
Universities will need to get more savvy about how to understand applicants’ backgrounds, especially those in underrepresented communities. Despite the fact that Chief Justice John Roberts said applicants could still share the breadth of who they are in their essays, it will still be very difficult for universities to take race into account. As a result, there will be consequences affecting both students and universities.
Decline in student enrollment
Previous data strongly indicates that the recent ruling will lead to a decline in the representation of Black and Hispanic applicants as well as enrolled students. For example, following the enactment of Prop 2 in Michigan during 2006, the presence of Black students significantly decreased from 8-9% to 4%.
Overcorrection and Misinterpretation of the ruling
Since there is a level of uncertainty regarding specific legal requirements and how they should be implemented, universities may be more cautious and create more aggressive policies or practices. There is also the potential for misinterpretation of the ruling, stemming from either genuine misunderstanding or malicious intent. This misinterpretation can lead to prioritizing or excluding certain groups of students.
Potential Solutions
Although this is uncharted territory, universities will need to be intentional in their effort to increase diversity on their campuses. Some strategies include:
Eliminating legacy preferences
Legacy admissions is the practice of granting students admission to a university based on their connection to alumni. However, by eliminating legacy preferences, universities have the opportunity for greater inclusivity and a fairer admissions process that can benefit students from marginalized communities.
Expanding student recruitment
By proactively expanding student recruitment efforts to underrepresented communities, universities can effectively address the challenges that hinder many students’ pursuit of higher education. Through dismantling discriminatory barriers and providing financial support, universities have the opportunity to attract talented students who may otherwise have not had a path to higher education.
Preventing malicious interpretation
The government needs to create policies that prevent states and governors from misinterpreting or maliciously interpreting the ruling. These policies should explicitly outline that the ruling is limited to admissions and should not extend to any other areas. By implementing this, universities can uphold fair and equitable admissions practices while promoting a diverse academic community.
These approaches may or may not be efficient, however, they may help with the advancement of diversity in college campuses despite the court’s ruling.
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