(Trends Wide) — The United States Supreme Court’s landmark decision against affirmative action prohibits universities from taking race into account as a specific admissions criterion.
The ruling means that admissions programs such as those at the two universities at the center of the case, Harvard University and the University of North Carolina, will no longer be allowed.
Here, the key consequences of the decision.
Most say race can be part of applications, but few aren’t convinced
Although the decision will affect admissions policies that have historically benefited Black and Latino students, the ruling still allows colleges and universities to consider how race has affected an applicant’s life, as long as it is “linked to specifically” to a “unique character quality or ability” that the person can bring to college.
Chief Justice John Roberts, in the majority opinion, noted that applicants could also share in their admissions essays, for example, how their heritage or culture motivated them to take a leadership role.
“In other words, the student should be evaluated based on their experiences as an individual, not based on their race,” he stated in his opinion.
Pro-affirmative action protesters near the US Supreme Court building on Capitol Hill on June 29, 2023, in Washington. (Credit: Anna Moneymaker/Getty Images)
Democratic-appointed justices opposed the decision, insisting that the ruling would make it virtually impossible for colleges to take race into account in admissions.
Justice Sonia Sotomayor wrote that the court was “simply” forcing its “preferred college application format” on the country by “taking on the role of college administrators in deciding what is best for society.”
“Since the court cannot escape the unavoidable truth that race matters in the lives of students, it makes a false promise to save face and appear in tune with reality,” he wrote. “They are not fooling anyone.”
What the ruling does not change
Although colleges and universities will no longer be able to consider race as the only criteria, Sotomayor indicated in her dissenting opinion that the ruling still allows them to take into account other factors to increase diversity on campuses.
Universities may consider students who speak multiple languages or who could be the first in their family to reach higher education, Sotomayor wrote.
“Those criteria are not ‘interchangeable’ with race,” he clarified.
The Biden government also announced several plans on Thursday to help universities in their efforts to have a diverse student body, following the decision. These measures include publishing a report on strategies to increase diversity and educational opportunities, as well as providing schools with guidance on what is and is not allowed, among other things.
The impact will vary from state to state and from school to school.
Not all higher education institutions will be affected by the ruling. The decision allows US military academies to continue to consider race as admission criteria.
Steve Vladeck, a Trends Wide Supreme Court analyst and professor at the University of Texas School of Law, said the impact could also vary based on the location of the universities.
In states that continue to allow colleges and universities to take race into account, “we will certainly see efforts to encourage the kinds of usages that the majority does not expressly disapprove of, whether in diversity statements or elsewhere,” he said.
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(Trends Wide) — The United States Supreme Court’s landmark decision against affirmative action prohibits universities from taking race into account as a specific admissions criterion.
The ruling means that admissions programs such as those at the two universities at the center of the case, Harvard University and the University of North Carolina, will no longer be allowed.
Here, the key consequences of the decision.
Most say race can be part of applications, but few aren’t convinced
Although the decision will affect admissions policies that have historically benefited Black and Latino students, the ruling still allows colleges and universities to consider how race has affected an applicant’s life, as long as it is “linked to specifically” to a “unique character quality or ability” that the person can bring to college.
Chief Justice John Roberts, in the majority opinion, noted that applicants could also share in their admissions essays, for example, how their heritage or culture motivated them to take a leadership role.
“In other words, the student should be evaluated based on their experiences as an individual, not based on their race,” he stated in his opinion.
Pro-affirmative action protesters near the US Supreme Court building on Capitol Hill on June 29, 2023, in Washington. (Credit: Anna Moneymaker/Getty Images)
Democratic-appointed justices opposed the decision, insisting that the ruling would make it virtually impossible for colleges to take race into account in admissions.
Justice Sonia Sotomayor wrote that the court was “simply” forcing its “preferred college application format” on the country by “taking on the role of college administrators in deciding what is best for society.”
“Since the court cannot escape the unavoidable truth that race matters in the lives of students, it makes a false promise to save face and appear in tune with reality,” he wrote. “They are not fooling anyone.”
What the ruling does not change
Although colleges and universities will no longer be able to consider race as the only criteria, Sotomayor indicated in her dissenting opinion that the ruling still allows them to take into account other factors to increase diversity on campuses.
Universities may consider students who speak multiple languages or who could be the first in their family to reach higher education, Sotomayor wrote.
“Those criteria are not ‘interchangeable’ with race,” he clarified.
The Biden government also announced several plans on Thursday to help universities in their efforts to have a diverse student body, following the decision. These measures include publishing a report on strategies to increase diversity and educational opportunities, as well as providing schools with guidance on what is and is not allowed, among other things.
The impact will vary from state to state and from school to school.
Not all higher education institutions will be affected by the ruling. The decision allows US military academies to continue to consider race as admission criteria.
Steve Vladeck, a Trends Wide Supreme Court analyst and professor at the University of Texas School of Law, said the impact could also vary based on the location of the universities.
In states that continue to allow colleges and universities to take race into account, “we will certainly see efforts to encourage the kinds of usages that the majority does not expressly disapprove of, whether in diversity statements or elsewhere,” he said.
