The Supreme Court delivered a significant blow to affirmative action policies at American universities, ruling that the race-based admission policies of Harvard and the University of North
Carolina are unconstitutional. The decision undermines decades-old efforts to promote diversity and increase enrollment of racial minorities in higher education institutions.
Chief Justice John Roberts, in the majority opinion joined by all five conservative justices, emphasized the need to eliminate racial discrimination entirely. Roberts stated that both universities' affirmative action programs "unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points." The court concluded that such policies violated the equal protection clause of the Constitution's 14th Amendment, which prohibits states from denying equal protection under the law.
Although the ruling prohibits universities from using race as a factor in admissions, Chief Justice Roberts clarified that institutions can still consider an applicant's discussion of how race has impacted their life if it is tied to a specific quality of character or unique ability that the applicant can contribute to the university.
Justice Clarence Thomas, in a concurring opinion, argued that affirmative action policies contradict the colorblind principles of the Constitution. He stated that "two discriminatory wrongs cannot make a right."
In dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, expressed deep disappointment in the ruling, considering it a tragedy for society. Justice Sotomayor criticized the majority for rolling back decades of progress and cementing a superficial rule of colorblindness in a society that remains inherently segregated, where race has always played and continues to play a significant role.
The Supreme Court's decision addressed separate cases involving Harvard and UNC, with a 6-2 vote in the Harvard case and a 6-3 vote in the UNC case. President Joe Biden voiced his strong disagreement with the court's decision, stating that it effectively ends affirmative action in college admissions. He emphasized that discrimination still persists in America and that the ruling does not change that reality. When asked if the court is a "rogue court," President Biden acknowledged that it is not a typical situation. Photo by Joe Ravi, Wikimedia commons.