Supreme Court to Decide on Affirmative Action: Key Points

The Supreme Court’s Decision on Affirmative Action at Universities

The Supreme Court is on the verge of making a landmark ruling on affirmative action in higher education. The cases involve Harvard University and the University of North Carolina, and the outcome is expected to have far-reaching consequences for universities across the country.

According to Axios, the court is widely anticipated to scale back affirmative action policies, prompting many schools to prepare for the potential fallout.

“Racial classifications are wrong,” argued Patrick Strawbridge, the attorney representing a group called Students for Fair Admissions, during the opening arguments back in October.

“This court has always said that racial classifications are invidious,” Strawbridge emphasized.

The Students for Fair Admissions group sued Harvard and the University of North Carolina, accusing them of unfairly considering race in their admissions processes. They pointed to the high test scores of Asian-American and white applicants who were rejected.

The group argues that Harvard violated Title VI of the Civil Rights Act, which prohibits racial discrimination by federally funded schools. In the other case, they accuse the University of North Carolina of violating the 14th Amendment’s equal protection clause.

As the court’s conservative justices questioned the merits of race-based admissions during the opening arguments, speculation arose that they may lean towards ending it. Justice Amy Coney Barrett asked, “When does it end? When is your sunset? What if it continues to be difficult in another 25 years?”

Justice Clarence Thomas expressed skepticism about arguments for diversity, stating, “I’ve heard the word diversity a number of times, and I don’t have a clue what it means.” He added that he doesn’t put much stock in such arguments because he has heard similar ones for segregation.

If the Supreme Court rules against affirmative action, hundreds of universities that currently consider race in admissions and scholarship decisions will need to find alternative ways to promote diversity. Cornell University, for example, has established a task force to address this challenge.

Some schools are already moving away from using standardized test scores in the admissions process, as the argument that standardized testing harms minority students gains traction. Columbia University became the first Ivy League school to permanently eliminate its standardized test requirement.

Other schools are considering requiring more essays for admission, recruiting students from minority areas, or admitting more community college transfers to ensure diversity.

It’s worth noting that a ruling against affirmative action could potentially impact American companies as well. If the ruling is broad enough, it may apply to companies that prioritize racial diversity in their hiring practices.

Regardless of the court’s decision, it is expected to spark future legal challenges from both sides of the affirmative action debate. A recent Reuters poll found that a majority of Americans, 62%, oppose race-based college admissions.

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