In a landmark decision delivered on June 29,2023, Supreme Court of the United States has dealt a significant blow to the use of affirmative action in college admissions. By a vote of 6-3, the justices ruled that the admissions programs employed by the University of North Carolina and Harvard College violated the Constitution’s equal protection clause, which forbids racial discrimination by government entities.
Chief Justice John Roberts, writing for the majority, explained that college admissions can consider an applicant’s race only to understand how it influenced their character in a specific way that would have a concrete impact on the university. However, he emphasized that students must be evaluated as individuals, not based on their race. This ruling effectively curtails the use of race as a factor in admissions decisions.
The Court’s decision seems to overturn its 2003 ruling in Grutter v. Bollinger, where it had upheld the University of Michigan Law School’s consideration of race as one factor among many to achieve a diverse student body.
Justice Sonia Sotomayor, along with Justices Elena Kagan and Ketanji Brown Jackson, dissented from the majority opinion. Sotomayor, who graduated from Princeton and Yale Law School, argued that the decision rolled back decades of progress and entrenched a “superficial rule of colorblindness” in a still-segregated society.
The ruling follows a series of challenges to the role of race in university admissions. In both the North Carolina and Harvard cases, the plaintiffs sought to overturn Grutter and end the consideration of race in admissions altogether.
The Supreme Court’s composition changed significantly since the Grutter ruling, with more conservative justices now serving. Justice Anthony Kennedy, who authored the Grutter decision, retired in 2018 and was replaced by Justice Brett Kavanaugh. Justice Ruth Bader Ginsburg was succeeded by Justice Amy Coney Barrett.
In a comprehensive 40-page opinion addressing both cases, Chief Justice Roberts emphasized that the core purpose of the equal protection clause is to eliminate government-imposed racial discrimination. He contended that the UNC and Harvard programs did not comply with the narrow restrictions set forth in previous rulings.
The Court left open the possibility for service academies, like the U.S. Naval Academy and West Point, to continue using race-conscious admissions programs, citing unique interests that military academies may present.
While the decision marks a significant setback for affirmative action, the justices may still consider challenges to other diversity efforts that do not explicitly involve race. In a separate case, the U.S. Court of Appeals for the 4th Circuit upheld an admissions policy at a prestigious Virginia magnet school, and the issue may be appealed to the Supreme Court in the future.
The Court’s ruling will have profound implications for college admissions processes across the country, shaping the future of diversity efforts in higher education. As the debate continues, stakeholders and institutions are left to navigate the complexities of promoting inclusivity while respecting constitutional principles