SCOTUS: Race-Based College Admissions Violate 14th Amendment, Ends Affirmative Action.

In a 6-3 decision, the U.S. Supreme Court has made a groundbreaking ruling that will have a significant impact on higher education. The court found that Harvard University and the University of North Carolina (UNC) violated the 14th Amendment by considering applicants’ race during the admissions process. This decision effectively puts an end to affirmative action policies in colleges and universities.

Ending Affirmative Action in Higher Education

Chief Justice John Roberts, in his majority opinion, stated, “Many universities have for too long wrongly concluded that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned, but the color of their skin. This Nation’s constitutional history does not tolerate that choice.”

The majority opinion was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Justices Sonia Sotomayor and Elena Kegan dissented in both cases, while Justice Ketanji Brown Jackson dissented in the UNC case but recused herself in the Harvard case.

This landmark decision stems from lawsuits filed by a nonprofit called Students for Fair Admissions (SFFA), which argued that Harvard and UNC’s race-based admissions policies violated the 1964 Civil Rights Act and the 14th Amendment’s equal protection clause.

In the Harvard case, the plaintiffs claimed that the school unfairly discriminated against Asian-American applicants by setting higher admission standards for them compared to white applicants, despite their better academic scores. SFFA revealed that a black applicant in the fourth-lowest academic decile had a higher chance of admission than an Asian American in the very top decile.

Similarly, in the UNC case, the plaintiffs alleged that the university favored black, Native American, and Hispanic applicants in its admissions process. The lawsuits were initially heard by separate district courts before being brought to the Supreme Court.

In his opinion, Chief Justice Roberts criticized both universities for their arbitrary standards and failure to justify their race-based admission policies. He emphasized that the 14th Amendment’s equal protection clause requires equal application of the law, and treating someone differently based on their skin color goes against the principles of equality.

Justice Thomas filed a concurring opinion, defending the colorblind Constitution and questioning the educational benefits of racial diversity. He argued that neither Harvard nor UNC, despite being renowned research institutions, could provide coherent arguments demonstrating the concrete benefits of race-conscious admissions programs.

Meanwhile, Justice Jackson dissented and accused the majority of being oblivious to the realities of racial inequality. She argued that race should still be considered in law, even if it is deemed irrelevant, as it continues to play a significant role in people’s lives.

Justice Thomas, who grew up in rural poverty during the era of segregation, responded to Jackson’s dissent by criticizing her “race-infused world view.” He emphasized that individuals should not be defined solely by their race and that personal choices and experiences matter more than the barriers they face.