Five things to know about Supreme Court’s decision to curtail college affirmative action

The Supreme Court ruled Thursday to severely restrict the use of race-based admission practices at universities, dealing a significant blow to affirmative action at colleges. 

The court rejected Harvard University’s and the University of North Carolina at Chapel Hill’s (UNC) practices that allowed race to sometimes be a deciding factor in a person’s admission to the school.

The court, in two separate decisions, said the practices violated the 14th Amendment’s guarantee of equal protection.

Here’s what to know:

The court eliminated Harvard and UNC’s race-based admission practices

Chief Justice John Roberts took the lead on the opinion of the court to chastise the race-based admission practices of the two universities. 

“Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points,” Roberts wrote in the majority opinion. 

“We have never permitted admissions programs to work in that way, and we will not do so today,” he added.

Both Harvard and UNC had admission processes that allowed race to be a deciding factor between applicants. The challengers in both cases said this had negative impacts on white and Asian American students. 

The decision brings an end to a decadelong battle started by conservative legal strategist Edward Blum, who created Students for Fair Admissions (SFFA).

The Supreme Court has been narrowing the use of direct race-based admissions for years in previous decisions.

In 2003, the high court ruled in the Grutter case that the 14th Amendment allowed for the tailored use of race in admissions, but it also seemed to set a timeline on how long that would last. 

Then-Justice Sandra Day O’Connor said in the majority opinion for the Grutter case that using racial preferences in admissions “will no longer be necessary” in 25 years.

Court specifies decision does not mean students can’t mention race on applications

While students might no longer be outright checking a box on a college application to indicate their race, the court emphasized that they do not have to hide it, either. Race and ethnic background is still fair game for essays and interviews.

“At the same time, as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise,” Roberts said in his opinion.

He made clear, however, that schools will not be allowed to simply substitute their current processes with the court’s approval of race discussions in essays.

“But, despite the dissent’s assertion to the contrary, universities may not simply establish through application essays or other means the regime we hold unlawful today,” Roberts said. 

Liberal justices slam court for decision to upend ‘decades of precedent’

The three liberal justices on the court shouted their displeasure, with liberal Justice Sonia Sotomayor leading in the dissent and making the move of reading her opinion from the bench. 

“Today, this Court stands in the way and rolls back decades of precedent and momentous progress,” Sotomayor said.

“It holds that race can no longer be used in a limited way in college admissions to achieve such critical benefits. In so holding, the Court cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter,” she added. 

Justice Ketanji Brown Jackson called the majority’s decision “let-them-eat-cake obliviousness.”

“The best that can be said of the majority’s perspective is that it proceeds (ostrich-like) from the hope that preventing consideration of race will end racism,” she said. 

Republicans and Democrats split on reaction 

Republicans and Democrats are unsurprisingly divided on the court’s decision. 

Republicans are celebrating the move by the court, arguing this will make college admissions more fair for everyone. 

“This is the ruling everyone was waiting and hoping for and the result was amazing. It will also keep us competitive with the rest of the world. Our greatest minds must be cherished and that’s what this wonderful day has brought,” former President Trump said on his Truth Social account.

“Today the Supreme Court has ended our country’s long and failed experiment with racial quotas and government-sanctioned racial discrimination, and, in the process, restored some measure of objectivity and fairness to the college admissions process. This is a great day for all Americans,” Sen. Ted Cruz (R-Texas) wrote. 

Democrats are decrying the ruling, raising concerns it will harm diversity on college campuses. 

“The Supreme Court’s ruling put a giant roadblock in America’s march toward racial justice. The consequences will be felt immediately as students of color will face an admission cycle next year with fewer opportunities. These negative consequences could continue for generations,” Senate Majority Leader Chuck Schumer (D-N.Y.) said. 

What are the next steps for colleges?

Colleges have a momentous task ahead as they must create a new admissions process that takes away their long tradition of race-based preferences while creating a process that will still provide the diversity they strive for on campus. 

It is hard to know the exact number of schools that have used race-based admissions, but most of the top universities in the country had some aspect of race preferences in their process. 

Colleges will have some existing models to look at — eight states have already banned affirmative action at universities — but advocates say these schools have failed to bring in the diversity they had before the ban occurred. 

Some experts believe colleges will look more at the socioeconomic status of students, leading to more underserved students getting into university.