The Supreme Court Harvard University and the University of North Carolina violated the equal protection clause of the 14th Amendment in how they used race as factors in admissions decisions, upending more than 40 years of legal precedent.
In it’s ruling the high court says that it has “permitted race-based admissions only within the confines of narrow restrictions. University programs must comply with strict scrutiny, they may never use race as a stereotype or negative, and — at some point — they must end.”
The court took up affirmative action in response to challenges at Harvard University and the University of North Carolina. Lower courts upheld admission systems at both schools, rejecting claims that the schools discriminated against white and Asian-American applicants.
The cases are brought by conservative activist Edward Blum, who also was behind an earlier affirmative action challenge against the University of Texas as well as the case that led the court in 2013 to end the use of a key provision of the landmark Voting Rights Act.
Blum formed Students for Fair Admissions, which filed the lawsuits against both schools in 2014.
The group argues that the Constitution forbids the use of race in college admissions and calls for overturning earlier Supreme Court decisions that said otherwise.
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, Students for Fair Admissions argues.
The schools contend 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.
The Biden administration is urging the court to preserve race-conscious admissions. The Trump administration had taken the opposite position in earlier stages of the cases.
UNC says its freshman class is about 65% white, 22% Asian American, 10% Black and 10% Hispanic. The numbers add to more than 100% because some students report belonging to more than one category, a school spokesman said.
White students are just over 40% of Harvard’s freshman class, the school said. The class also is just under 28% Asian American, 14% Black and 12% Latino.
Nine states already prohibit any consideration of race in admissions to their public colleges and universities: Arizona, California, Florida, Georgia, Michigan, Nebraska, New Hampshire, Oklahoma and Washington.
In 2020, California voters easily rejected a ballot measure to bring back affirmative action.
Public opinion on the topic varies depending on how the question is asked. A Gallup Poll from 2021 found 62% of Americans in favor of affirmative action programs for racial minorities. But in a Pew Research Center survey in March, 74% of Americans, including majorities of Black and Latino respondents, said race and ethnicity should not factor into college admissions.
The Supreme Court has upheld race-conscious college admissions programs dating back to 1978, weighing in favor of the practice just six years ago. But that was before the three appointees of former President Donald Trump joined. Jackson was chosen this year by President Joe Biden.
