In a landmark decision on Thu., Jun. 29, the supreme Court declared that colleges and universities must cease using race-based Affirmative Action (AA) in their admissions processes.
Chief Justice John Roberts authored the 228-page opinion, which addressed two related cases that had been ongoing for nearly a decade. The decision, supported by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, provided a much-needed constitutional perspective after years of confusion and inconsistency from previous courts.
Roberts’ opinion focused on the violation of the 14th Amendment Equal Protection Clause by the affirmative action practices of the University of North Carolina (UNC) and Harvard University. The ruling stated that both institutions’ admissions programs lacked clear and measurable objectives justifying the use of race, resulted in negative racial stereotyping, and failed to establish meaningful endpoints.
Roberts’ decision to write the opinion surprised many, as in previous cases, he has voted alongside the minority to avoid confronting the constitutional issue directly. However, in this instance, Roberts confronted the unconstitutionality head-on.
The Court’s prior decisions had suggested that an applicant’s race could be a decisive factor when all other factors resulted in a tie. However, this paradigm led to significant subjective abuse, as they lacked objectivity and consistency.
The Court had also unsupported suggested that race-based affirmative action would benefit both minority and majority applicants, an unsound leap of logic that institutions embraced without substantiation. Additionally, the Court had previously endorsed the concept of “diversity” without providing a precise definition or demonstrating any logical or qualitative advantages.
These flawed positions created an intellectual mess, enabling the widespread misuse of affirmative action in higher education, business, government, and the military.
The Supreme Court’s ruling, anticipated for some time, has prompted speculation about how affirmative action activists, particularly in higher education, will attempt to continue using race as a deciding factor. However, Roberts and the majority addressed this concern by stating that universities could still consider an applicant’s discussion of how race influenced their life experiences, including instances of discrimination or inspiration.
Nevertheless, universities could not establish a regime that relied on application essays or other means to justify race-based considerations, as the Court deemed such practices unlawful.
The dissenting opinions, which tend to lean towards neo-liberal and statist viewpoints, avoided engaging with the constitutional reasoning of the majority and instead resorted to emotional appeals. Proponents of affirmative action will attempt to twist the words and logic of the ruling to continue their practices.
