SCOTUS’ Shocking Decision To Strike Down Affirmative Action
Background: On Thursday, June 29th, 2023, the Supreme Court upheld in a 6-3 decision that colleges no longer have to abide by affirmative action programs. [1] This essentially rids public universities of the ability to enact programs that prioritize admissions of historically marginalized groups including Black and Latino applicants. [1] These types of programs have been in place for years at various universities across America. This decision will ultimately terminate opportunities for underprivileged students and will further the education gap between White students and Latino/Black students.
Legal Precedents: This is not the first time affirmative action programs have been up for debate in the SCOTUS. In the Regents of the University of California v. Bakke, the framework for affirmative action programs, was put into effect in 1978. The respondent in this case, Allan Bakke, a White man, applied to the University of California Davis Medical School. Despite his grades, he was declined admission since the school had a type of affirmative action program in place. The school allocated sixteen spots out of the class of one hundred students to minorities, in order to tackle minority exclusion in the medical industry. Bakke took his suit to the courts and argued that he was being discriminated against under the Equal Protection Clause of the Fourteenth Amendment. The court agreed and forced the school to admit Bakke; but, in a 8-1 decision the justices held that racial restrictions on admissions decisions were constitutional. [3]
Additionally, justices backed affirmative action programs in other cases such as Grutter v. Bollinger. The defendant, Barbara Grutter applied to the University of Michigan Law School; she was a White resident of Michigan and had a 3.8 GPA with a 161 on the LSAT, and was denied admission. The issue at hand in this case was whether Grutter’s rights in the Equal Protection Clause of the Fourteenth Amendment were denied by the school’s affirmative action program. Ultimately, the court held in a 5-4 decision that affirmative action programs at the University of Michigan Law School did not violate the Equal Protection clause of the Fourteenth Amendment. [4]
How did the SCOTUS reach its decision? The justices concluded that Affirmative Action programs unfairly prioritize minority students over White students. The justices explained that it is unconstitutional for a university to give preference to a student based on their race. [2] The majority of the justices who ruled in this case are conservative. [2] The liberal justices dissented, Justice Sonia Sotomayor argued “‘Ignoring race will not equalize a society that is racially unequal. What was true in the 1860s, and again in 1954, is true today’” [1].
What does this mean for private universities such as AU? University President Sylvia Burwell released an email following the decision, noting that the university will continue to strive towards inclusivity. However, the means of how this idea will be employed remain unclear. Burwell noted that the university is trying to build a diverse community, yet Burwell noted that the university is trying to evaluate the impact of this decision.
What happens next? Public universities have been entrapped by the SCOTUS and this has prompted the removal of educational opportunities for Black and Latino students across the country. We can only hope that private universities take matters into their own hands and continue to utilize Affirmative Action Programs.
