The Implications of The Court’s Overturning of Affirmative Action

By: Noora Samadi

In a historic decision, the Supreme Court ended the use of affirmative action in college admissions with its decision in SFFA v. Harvard and SFFA v. UNC on June 29, 2023. By a vote of 6-3, the justices ruled that the admissions programs used by Harvard College and the University of North Carolina violate the Constitution’s equal protection clause, which prohibits racial discrimination by government entities. Writing for the majority, Chief Justice John Roberts asserted, “A student must be treated based on his or her experiences as an individual— not on the basis of race.” Justice Sonia Sotomayor, a graduate of Princeton and Yale Law School and a self-proclaimed product of affirmative action, dissented. She stated that the majority’s decision had reversed “decades of precedent and momentous progress and cemented a superficial rule of colorblindness as a constitutional principle in an endemically segregated society.”

The reversement of affirmative action is, as many colleges and universities have cautioned, a setback in assessing the full scope of diverse student talent. Systemic barriers such as housing, food, and income inequality, as well as underfunded schools, can inhibit the most talented students from achieving higher education. In the absence of affirmative action, underrepresented groups will not be able to overcome these systemic hindrances. Thus, Black, Hispanic, Native American, and other minority groups will be disproportionately underrepresented in top U.S. schools and jobs. 

Courts, colleges, and universities acknowledge that diversity exposes students to previously inaccessible opportunities and ways of thinking. At the same time, it can raise awareness and respect across differences. These findings still hold, and the overturning of affirmative action does not mark the end of increasing educational opportunities for minority students. It is more critical than ever that colleges and universities recognize and remove inequitable barriers to higher education. These institutions must continue to abide by federal and state civil rights laws that mandate equal educational opportunities. Colleges and universities can accomplish this by guaranteeing that policies and procedures do not limit opportunities for individuals based on race, ethnicity, disability, sex, sexual orientation, or gender identity. Despite the end of affirmative action, institutions across the country must cultivate an inclusive campus culture where students of every background are welcomed. 

Sources:

Butler, K., & Hurtado, P. (2022, October 30). Affirmative Action End Will Crush the Diversity Talent Pipeline. Bloomberg Law News. Retrieved October 27, 2023, from https://news.bloomberglaw.com/us-law-week/affirmative-action-end-will-crush-the-diversity-talent-pipeline

Hinger, S. (2023, July 12). Moving Beyond the Supreme Court's Affirmative Action Rulings. American Civil Liberties Union. Retrieved October 27, 2023, from https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings

Howe, A. (2023, June 29). Supreme Court Strikes Down Affirmative Action Programs in College Admissions. SCOTUSblog. Retrieved October 27, 2023, from https://www.scotusblog.com/2023/06/supreme-court-strikes-down-affirmative-action-programs-in-college-admissions/

Perry, A. M., Stephens, H., & Donoghoe, M. (2023, June 29). The Supreme Court’s Decision to Strike Down Affirmative Action Means that HBCU Investment is More Important than Ever. Brookings Institution. Retrieved October 27, 2023, from https://www.brookings.edu/articles/the-supreme-courts-decision-to-strike-down-affirmative-action-means-that-hbcu-investment-is-more-important-than-ever/

Image: 

https://penntoday.upenn.edu/news/penn-carey-law-case-affirmative-action