Affirmative Action and College Admissions
By Jade Yeban, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 15, 2024
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The main goal of affirmative action was to offer equal educational opportunities to students of color. This includes African American, Latino, Asian American, and Native American students. Affirmative action policies aimed to correct racial discrimination and bring different perspectives to college campuses.
In June 2023, the U.S. Supreme Court outlawed race-conscious affirmative action in college admission programs. This article examines affirmative action, how it got overturned, and what happens next.
What Is Affirmative Action?
Through affirmative action policies, schools considered race and ethnicity as factors in the college admissions process. This aimed to increase enrollment among historically underrepresented groups, including students who are:
- Black
- Hispanic
- Asian
- Native American
Advocates for the programs believed affirmative action accomplished several objectives, including:
- Fostering a diverse educational environment
- Countering the effects of past racial discrimination
- Providing equal educational opportunities to all students
- Helping to promote a broad exchange of ideas on college campuses
But as of June 2023, the U.S. Supreme Court outlawed affirmative action in college admissions. This marked a significant shift in how schools approach building a diverse student body.
The History of Affirmative Action
Affirmative action began as part of the broader civil rights movement in the United States during the 1960s. It became policy under President John F. Kennedy in 1961. The intention was to help ensure equal treatment of college applicants.
Under President Lyndon B. Johnson, the policy took on a more defined shape in higher education. In 1965, President Johnson issued Executive Order 11246. This order required government employers and contractors to take "affirmative action." They had to do this to promote the full realization of equal employment opportunity.
In college admissions, affirmative action took on a similar role. It aimed to rectify the historical exclusion of certain groups. It did this by considering race as one of several factors in the admissions process. This approach aimed to:
- Enhance access to higher education
- Help historically marginalized groups
The policy was first challenged in University of California Regents v. Bakke (1978). There, the Supreme Court deemed quotas based on race unconstitutional. But it affirmed the legality of affirmative action. It was allowed under the premise that race could be one of several factors in the admissions process.
Affirmative action has faced many legal challenges and public debates throughout the decades. Key Supreme Court cases, such as Grutter v. Bollinger (2003), upheld the practice under certain conditions.
In Grutter, the court ruled in favor of the University of Michigan Law School's affirmative action policy. The plaintiffs argued that the university's race-conscious admissions policies discriminated against white students. But, the court ruled the university's policies were narrowly tailored to achieve educational diversity. The court argued that educational diversity is a compelling interest. For this reason, race was justified for use in university admissions. But the Court has since overturned this ruling.
The End of Affirmative Action
Affirmative action was a cornerstone of American higher education for over 50 years. But in June 2023, the U.S. Supreme Court delivered a landmark decision that effectively ended affirmative action in college admissions.
This ruling came as a response to policies at two high-profile schools:
- Harvard University
- University of North Carolina at Chapel Hill
Both institutions defended using race as one of many factors in their admissions process. They argued it was essential for creating racial diversity in their schools.
The Supreme Court's decision reversed previous rulings. These rulings allowed race-conscious admission policies under certain conditions. They had acknowledged the educational benefits of diversity as a compelling interest.
The 2023 ruling argued that such policies violated the Equal Protection Clause of the 14th Amendment. This provision of the U.S. Constitution bans treating people unfairly based on race or ethnicity.
The court's decision reflected a significant legal and social landscape shift. It mandated that admissions officers seek other ways to achieve diversity without considering race or ethnicity. This dramatic change has prompted a reevaluation of admissions practices across the country. Now, schools are exploring alternative approaches.
The Future of College Admissions
Following the Supreme Court's decision to end race-conscious admissions, public universities and private colleges must find new strategies for diversity. They must find methods that don't involve racial preferences. This shift is driving a reevaluation of student selection and the criteria in admissions decisions.
To address these challenges, universities are exploring race-neutral alternatives, including:
- Socioeconomic background or hardships overcome
- Community service
- Geographic diversity
Some states are considering using a percentage plan. This method guarantees admission to their state's public universities to the top graduates of every high school. This approach aims to benefit high-achieving students from all backgrounds, including students from underprivileged areas.
High schools across the country are also affected. They must prepare students for an admissions landscape that no longer considers race a factor. This means that other aspects, like test scores, may gain even greater importance. Also, schools might increase their focus on preparing students for broader criteria.
Some groups, like Students for Fair Admissions, view this change as a victory for fairness in the education system. This group was the pivotal plaintiff in challenging the previous admissions policies.
But this new era raises concerns about how to ensure diversity on college campuses. Many fear that ensuring a truly diverse student body and significantly decreasing the percentage of students from historically marginalized groups in schools may become more challenging.
Navigating Legal Support in College Admissions
As the landscape of college admissions changes, students and their families may need legal help. Securing legal help can be crucial for addressing concerns. An education law attorney can help challenge admissions decisions and ensure that new policies get applied fairly and lawfully.
Can I Solve This on My Own or Do I Need an Attorney?
- You generally need a lawyer's help to sue a school
- School rules and regulations can be contested in court
- Civil rights and discrimination issues are a large part of education law
Education legal issues can span Title IX concerns, discrimination cases, civil rights offenses, and teachers' rights. An attorney can help prevent common mistakes with your case.
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