In the aftermath of the U.S. Supreme Court’s decision to end affirmative action in university admissions, schools across the country are suggesting they will attempt to continue considering race as a critical component of college applications.
Chief Justice John Roberts, writing for the majority, determined in two companion cases that affirmative action based on race is unconstitutional and unlawful, as previously reported by The Dallas Express.
In its decision against Harvard University, the Court’s majority determined, “Students must be treated based on his or her experiences as an individual — not on the basis of race.”
“Many universities have for too long done just the opposite,” he continued. “And in doing so, they 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.”
Responding to the decision, Harvard administrators — including President Lawrence Bacow and Provost Alan Garber — published a statement that suggested the university would continue to use race as a significant factor in college admissions.
Pointing to a single line out of the decision, they wrote, “The Court also ruled that colleges and universities may consider in admissions decisions’ an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.’ We will certainly comply with the Court’s decision.”
The statement further read, “In the weeks and months ahead, drawing on the talent and expertise of our Harvard community, we will determine how to preserve, consistent with the Court’s new precedent, our essential values.”
Observers immediately called attention to a potential strategy Harvard might pursue to consider using race as a determinative factor in admissions.
Matt Bruenig, the founder of the People’s Policy Project, wrote on Twitter, “So the old rule was schools can do affirmative action so long as they disguise it as being about the educational benefits of student body diversity and the new rule is they can do it so long as they disguise it as being about considering how race affected applicants lives.”
Similarly, Brendan Case, the associate director of research for Harvard’s Human Flourishing Program, said the section of the decision highlighted by Harvard “sounds … like a loophole wide enough to drive a truck through.”
Harvard is not alone, however. Some Texas universities have also begun considering how to maintain race considerations in their admissions processes, as reported by The Dallas Express.
Rice University in Houston admitted:
“We are greatly disappointed that American universities will no longer be allowed to consider an applicant’s race as one of the countless important factors in an admissions application. … The law may change, but Rice’s commitment to diversity will not. Together, we will do everything we can — and everything we must — to maintain and expand the excellence, diversity and vibrancy of the Rice community.”
President R. Gerald Turner of Southern Methodist University provided The Dallas Express with a statement:
“Despite the implications this ruling may have on policies and practices at SMU and every other college campus in America, we will continue to be a welcoming and supportive community. … We will determine how the specifics of the high court’s ruling will affect the consideration of race in our enrollment efforts.”
The Supreme Court’s decision prompted condemnation from those who view race-conscious admission standards as positive, claiming they are necessary to rectify past injustices against certain groups.
For example, former President Barack Obama said, “Affirmative action was never a complete answer in the drive towards a more just society. But for generations of students who have been systematically excluded from most of America’s key institutions — it gave us the chance to show we more than deserved a seat at the table.”
Similarly, according to USA Today, President Joe Biden responded to the decision by claiming, “This is not a normal court.”
He later added, “Take a look at how it’s ruled on a number of issues that have been precedent for 50-60 years sometimes. … That’s what I meant by not normal.”
Others, however, celebrated the Court’s ruling, claiming that affirmative action was a racist system that reduced applicants to little more than stereotypes of their skin color. Commentators also highlighted that the policies practiced in universities often meant that Asian Americans were routinely passed over in favor of admitting other racial minorities with lower GPAs and standardized test scores.
Rep. Byron Donalds (R-FL) said, “Today’s ruling is a massive win against the left’s equity agenda that seeks to achieve ‘equality’ through equal outcomes, not equal access.”
“The High Court rightly ended this policy,” he continued. “Merit and achievement must be the #1 attribute we all desire.”
Greg Piece noted, “How insane did Harvard’s affirmative action policies get? An African American student in the 40th percentile of their academic index is more likely to get in than an Asian student in the 100th percentile.”
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