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Supreme Court strikes down affirmative action programs at UNC and Harvard, says race cannot be a factor

The court's conservative majority overturned admissions plans at Harvard and the University of North Carolina, the nation's oldest private and public colleges, respectively.
Supreme Court Affirmative Action
Posted at 9:24 AM, Jun 29, 2023
and last updated 2023-07-03 11:25:44-04

WASHINGTON (AP) — The Supreme Court on Thursday struck down affirmative action in college admissions, forcing institutions of higher education to look for new ways to achieve diverse student bodies.

UW Milwaukee Chancellor Mark A. Mone said in a statement to students and staff on Thursday that "UWM does not anticipate this decision to significantly impact our admissions practices," in reference to the Supreme Court decision.

UW-Milwaukee Chancellor issues note to the community regarding the decision:

Dear UWM Community,

I am writing with a message in response to today’s U.S. Supreme Court decision in Students for Fair Admissions v. Harvard, which restricts higher education institutions across the country from considering a person’s race in college admissions. UWM does not anticipate this decision to significantly impact our admissions practices. Nonetheless, it is an important decision for colleges and universities, their students, faculty and staff, and prospective students and their families.

UWM is and always will be a welcoming place for all individuals from various backgrounds, experiences and beliefs, and remains committed to diversity, equity, inclusion and belonging. UWM is the most diverse university in the state, and we have a unique mission – one that charges UWM to “further academic and professional opportunities at all levels for women, minority, part-time, and financially or educationally disadvantaged students.”

We focus on meeting the needs of students where they are — with student support centers that offer programs, community and a strong voice for Black, Indigenous, Asian, Latinx, LGBTQIA+, women, and active-duty military and veteran students.

I, along with other UWM leaders, will continue discussions at UWM and with our colleagues at UW System about how this decision might otherwise affect our three campuses.

Best regards,

Mark A. Mone, PhD
Chancellor


Alverno College also issued a statement, saying:

The Supreme Court ruling won’t change Alverno’s admissions policies or criteria. Alverno is proud to be one of the most diverse campuses in the state – 25% of our students are Hispanic or Latinx, 18% are Black, 6% are Asian, and 4% are two or more races. We were also the first Hispanic-Serving Institution in the state of Wisconsin. Students from all backgrounds and experiences are drawn to us because of the programs we offer, our unique abilities-based curriculum, and because Alverno has a long history of educating strong, independent women. Alverno will continue to be an intentionally welcoming, supportive and engaging community.
– Kate Lundeen, vice president for Marketing and Enrollment, Alverno College

Details on the Supreme Court decision: Who does this impact? Why did it happen?

The court's conservative majority overturned admissions plans at Harvard and the University of North Carolina, the nation's oldest private and public colleges, respectively.

Chief Justice John Roberts said that for too long universities have “concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”

Justice Clarence Thomas, the nation's second Black justice who had long called for an end to affirmative action, wrote separately that the decision “sees the universities’ admissions policies for what they are: rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes.”

Justice Sonia Sotomayor wrote in dissent that the decision “rolls back decades of precedent and momentous progress.”

Both Thomas and Sotomayor took the unusual step of reading a summary of their opinions aloud in the courtroom.

In a separate dissent, Justice Ketanji Brown Jackson — the court’s first Black female justice — called the decision “truly a tragedy for us all.”

The vote was 6-3 in the North Carolina case and 6-2 in the Harvard case. Jackson sat out the Harvard case because she had been a member of an advisory governing board there.

The Supreme Court had twice upheld race-conscious college admissions programs in the past 20 years, including as recently as 2016.

But that was before the three appointees of former President Donald Trump joined the court. At arguments in late October, all six conservative justices expressed doubts about the practice, which had been upheld under Supreme Court decisions reaching back to 1978.

Lower courts also had upheld the programs at both UNC and Harvard, rejecting claims that the schools discriminated against white and Asian American applicants.

The college admissions disputes are among several high-profile cases focused on race in America, and were weighed by the conservative-dominated, but most diverse court ever. Among the nine justices are four women, two Black people and a Latina.

The justices earlier in June decided a voting rights case in favor of Black voters in Alabama and rejected a race-based challenge to a Native American child protection law.

The affirmative action cases were 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 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 argued that the Constitution forbids the use of race in college admissions and called for overturning earlier Supreme Court decisions that said otherwise.

Blum’s group also contended that 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.

The schools said 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.

At the eight Ivy League universities, the number of nonwhite students increased by 55% from 2010 to 2021, according to federal data. That group, which includes, Native American, Asian, Black, Hispanic, Pacific Islander and biracial students, accounted for 35% of students on those campuses in 2021, up from 27% in 2010.

The end of affirmative action in higher education in California, Michigan, Washington state and elsewhere led to a steep drop in minority enrollment in the states’ leading public universities.

They are among nine states that already prohibit any consideration of race in admissions to their public colleges and universities. The others are: Arizona, Florida, Georgia, Nebraska, New Hampshire and Oklahoma.

In 2020, California voters easily rejected a ballot measure to bring back affirmative action.

A poll last month by The Associated Press-NORC Center for Public Affairs Research showed 63% of U.S. adults say the court should allow colleges to consider race as part of the admissions process, yet few believe students’ race should ultimately play a major role in decisions. A Pew Research Center survey released last week found that half of Americans disapprove of considerations of applicants’ race, while a third approve.

The chief justice and Jackson received their undergraduate and law degrees from Harvard. Two other justices, Elena Kagan and Neil Gorsuch, went to law school there, and Kagan was the first woman to serve as the law school’s dean.

Every U.S. college and university the justices attended, save one, urged the court to preserve race-conscious admissions.

Those schools — Yale, Princeton, Columbia, Notre Dame and Holy Cross — joined briefs in defense of Harvard’s and UNC’s admissions plans.

Only Justice Amy Coney Barrett’s undergraduate alma mater, Rhodes College, in Memphis, Tennessee, was not involved in the cases.


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