In Landmark Decision Supreme Court Strikes Down Affirmative Action Programs In College Admissions

In a 6-3 and 6-2 vote respectfully, the Supreme Court ruled that the University of North Carolina and Harvard University's affirmative action programs violate the 14th Amendment’s Equal Protection Clause

WASHINGTON, DC - OCTOBER 07: United States Supreme Court Associate Justice Clarence Thomas (L) and Chief Justice of the United States John Roberts (R) pose for their official portrait at the East Conference Room of the Supreme Court building on October 7, 2022 in Washington, DC. The Supreme Court has begun a new term after Associate Justice Ketanji Brown Jackson was officially added to the bench in September. (Photo by Alex Wong/Getty Images)

The Supreme Court on Thursday ruled against affirmative action programs used in higher education admissions processes in two cases which were filed by the Students for Fair Admissions group. Both decisions effectively end the decades-old precedent of race being a relevant demographic factor when applying to colleges with the exception of military academies.

The Court cited that both the University of North Carolina and Harvard University’s admissions processes violated the 14th Amendment’s Equal Protection Clause. The University of North Carolina’s lawsuit was decided with a 6-3 majority whereas the Harvard lawsuit resulted in a 6-2 majority where Justice Kentaji Brown was recused.

In the majority opinion authored by Chief Justice John Roberts, he stated that the admissions programs "lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points."

While not explicitly stated, the decision reached in these cases will overturn the precedent set by Grutter v. Bollinger which allowed the use of race as “one factor among many” and Fisher v. University of Texas which permitted the use of race under strict scrutiny tailored specifically to serve a compelling governmental interest.

Under the new precedent set by the Supreme Court, race will no longer be considered as a factor for the college application process and will likely force admissions officers to take a colorblind approach when making their selections.

The result of these cases marks a major victory for conservative legal advocates who have long stood against affirmative action programs for claims of its unconstitutional basis and inequality.

Justice Clarence Thomas wrote in his own opinion that the affirmative action policies of the two higher education institutions “fly in the face of our colorblind Constitution and our nation's equality ideal."

However, in the form of dissenting opinions and activism, defenders of affirmative action have been quick to criticize the majority opinion citing that the removal of affirmative action will only hinder diversity in higher education for the foreseeable future.

In response to the majority decision, Justice Kentaji Brown stated "With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces 'colorblindness for all' by legal fiat. But deeming race irrelevant in law does not make it so in life."

Additionally, within the dissenting opinion, Justice Sonia Sotomayor emphasized that the Court’s decision "stands in the way and rolls back decades of precedent and momentous progress."

Many arguments advocating for affirmative action programs stem from the position that the United States has maintained consistent socioeconomic inequality for racial minorities with the use of affirmative action offsetting said inequality while providing a platform of equal opportunity.

President Joe Biden in a remark from the Roosevelt Room on Saturday shared a similar sentiment stating that “I also believe that while talent, creativity, and hard work are everywhere across this country, not equal opportunity. It is not everywhere across this country.”

Following the aftermath of a landmark decision of this caliber, the changing demographic of incoming freshman classes and the uncertain landscape of the college admissions processes is a certainty.

Trends following affirmative action bans can be observed in states such as California and Michigan which experienced a 50% and 40% drop in undergraduate enrollment of Blacks and Hispanics respectively.

However, contrary to previous bans on affirmative action across the nation, the Court’s decision will be the first to set a national precedent on the position of affirmative action. Prior to the decision, only nine of the fifty states had enforced a ban on affirmative action in college admissions.

The ripple effects set off by the Supreme Court’s decision will soon be actualized with the incoming cycles of college applications and while waves of praise and backlash are to be expected, it is highly likely that this decision is not the end of legal battles concerning affirmative action in college admissions.