Supreme Court Rules Against Affirmative Action in College Admissions, Rejects Use of Race as a Factor

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In a significant decision, the Supreme Court declared on Thursday that affirmative action in college admissions is unconstitutional, stating that race cannot be a determining factor. This ruling compels higher education institutions to explore alternative methods of achieving diversity among their student bodies.

The court’s conservative majority overturned admissions policies at two prestigious institutions, Harvard and the University of North Carolina, which have long been at the center of affirmative action debates.

Chief Justice John Roberts expressed that universities have mistakenly placed too much emphasis on an individual’s race, rather than focusing on their accomplishments, skills, and personal growth. He emphasized that such a choice goes against our constitutional history.

Justice Clarence Thomas, the nation’s second African American justice, who has consistently opposed affirmative action, wrote separately, asserting that the universities’ admissions policies were based on race and aimed at manipulating the racial composition of incoming classes.

Justice Sonia Sotomayor dissented, arguing that the decision rolls back decades of progress and established legal precedent.

Notably, both Thomas and Sotomayor, who had acknowledged the role affirmative action played in their own admissions to college and law school, went against tradition and read a summary of their opinions aloud in the courtroom.

In another dissent, Justice Ketanji Brown Jackson, the court’s first Black female justice, lamented the decision, stating that it was a tragedy for society as a whole. She criticized the majority’s assertion of “colorblindness for all” and highlighted the distinction between legal principles and the reality of racial dynamics in everyday life.

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

President Joe Biden was expected to address the ruling later in the day from the White House.

Former President Donald Trump hailed the decision on his social media platform, viewing it as a triumph for the nation and a reward for individuals with exceptional abilities and potential.

Former President Barack Obama, on the other hand, issued a statement expressing his belief that affirmative action had provided opportunities for students from various backgrounds, and emphasized the importance of granting young people the opportunities they deserve.

The Supreme Court had previously upheld race-conscious college admissions programs twice in the past two decades, with the most recent ruling in 2016. However, the addition of three justices appointed by former President Donald Trump to the court has shifted the balance, leading to doubts about the practice during the recent arguments.

Lower courts had previously upheld the admissions policies of both UNC and Harvard, rejecting claims of discrimination against white and Asian American applicants.

These college admissions cases are part of a broader set of high-profile cases focused on race in America, and they were evaluated by the most diverse Supreme Court ever, with four women, two Black justices, and one Latina justice among the nine.

Conservative activist Edward Blum, known for his opposition to affirmative action, initiated these cases through his organization, Students for Fair Admissions, which argued that race should not be a consideration in college admissions, proposing race-neutral alternatives to achieve diversity.

The colleges countered that while they did consider race in a limited manner, eliminating it entirely would make it significantly more challenging to create student bodies that reflect the diversity of the country.

Federal data showed a 55% increase in nonwhite students at the eight Ivy League universities between 2010 and 2021. However, the end of affirmative action in California, Michigan, Washington state, and other places has led to a notable decline in minority enrollment in leading public universities.

It is worth noting that nine states already prohibit the consideration of race in admissions to their public colleges and universities, including Arizona, Florida, Georgia, Nebraska, New Hampshire, and Oklahoma.

A recent poll revealed that 63% of U.S. adults believe colleges should be allowed to consider race as part of the admissions process, although many do not believe that race should play a major role in decision-making. Another survey indicated that half of Americans disapprove of race-based considerations in admissions, while one-third approve.

Several justices on the Supreme Court, including Chief Justice Roberts and Justice Jackson, obtained their undergraduate and law degrees from Harvard, and other justices such as Elena Kagan and Neil Gorsuch attended law school there. With the exception of Justice Amy Coney Barrett, whose alma mater, Rhodes College, was not involved in the cases, every college and university attended by the justices supported the preservation of race-conscious admissions policies, including Yale, Princeton, Columbia, Notre Dame, and Holy Cross.

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More about affirmative action

• Supreme Court Strikes Down Affirmative Action in College Admissions
• Chief Justice John Roberts’ Opinion on Affirmative Action
• Justice Clarence Thomas’ Separate Opinion on Affirmative Action
• Justice Sonia Sotomayor’s Dissenting Opinion on Affirmative Action
• Former President Donald Trump’s Reaction to the Supreme Court Decision
• Former President Barack Obama’s Statement on Affirmative Action
• Previous Supreme Court Decisions on Affirmative Action