U.S. Supreme Court strikes down affirmative action in college admissions

U.S. Supreme Court Building/Source: U.S. Supreme Court

By MARK SHERMAN Associated Press

The U.S. Supreme Court has struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.

The court’s conservative majority overturned admissions plans at Harvard and the University of North Carolina, the nation’s oldest private and public colleges, respectively.

Chief Justice John Roberts said that for too long universities 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.”

Justice Clarence Thomas, the nation’s second Black justice who had long called for an end to affirmative action, wrote separately that the decision “sees the universities’ admissions policies for what they are: rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes.”

Justice Sonia Sotomayor wrote in dissent that the decision “rolls back decades of precedent and momentous progress.”

Both Thomas and Sotomayor, the two justices who have acknowledged affirmative action played a role in their admissions to college and law school, took the unusual step of reading a summary of their opinions aloud in the courtroom.

In a separate dissent, Justice Ketanji Brown Jackson — the court’s first Black female justice — called the decision “truly a tragedy for us all.”

Jackson, who sat out the Harvard case because she had been a member of an advisory governing board, wrote, “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.”

The vote was 6-3 in the North Carolina case and 6-2 in the Harvard case. Justice Elena Kagan was the other dissenter.

The Supreme Court had twice upheld race-conscious college admissions programs in the past 20 years, including as recently as 2016.

The college admissions disputes are among several high-profile cases focused on race in America, and were weighed by the conservative-dominated, but most diverse court ever. Among the nine justices are four women, two Black people and a Latina.

The justices earlier in June decided a voting rights case in favor of Black voters in Alabama and rejected a race-based challenge to a Native American child protection law.

The only institutions of higher education explicitly left out of the ruling are the nation’s military academies, Roberts wrote, suggesting that national security interests could affect the legal analysis.

Blum’s group had contended that colleges and universities can use other, race-neutral ways to assemble a diverse student body, including by focusing on socioeconomic status and eliminating the preference for children of alumni and major donors.

The schools said that they use race in a limited way, but that eliminating it as a factor altogether would make it much harder to achieve a student body that looks like America.

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