[co-author: Derrick Stanfield]
On June 29, 2023, the U.S. Supreme Court released its highly anticipated decision that overturned 45 years of protection for colleges and universities considering the race of applicants in their admissions process. The Court found that the use of race-conscious admissions by the University of North Carolina and Harvard University is not constitutional.
The Court’s conservative majority voted in favor of the decision to overturn the policy, rooted in President Lyndon B. Johnson’s Executive Order 11246 requiring all government contractors and subcontractors to take affirmative action to expand opportunities for minorities. Justices Roberts, Thomas, Alito, Gorsuch, Kavanaugh and Coney Barrett voted against race-conscious admissions in both cases with Justices Sotomayor, Kagan and Jackson dissented resulting in a 6-3 decision for the University of North Carolina case and a 6-2 decision for Harvard University due to Justice Jackson’s recusal.
Chief Justice John Roberts, a longtime critic of affirmative action, stated “both programs lack sufficiently focused and measurable objectives warranting the use of race,” adding that race-conscious admissions “employ race in a negative manner.” Dissenting, Justice Sonia Sotomayor asserted that “race-conscious college admissions policies have advanced the Constitution’s guarantee of equality.” These statements emphasize the contradictory views between the conservative and liberal Justices on the Court.
Congressional Democrats and Republicans have weighed in on the high court’s decision. House Speaker Kevin McCarthy (R-CA) and Senate Minority Leader Mitch McConnell (R-KY) both released statements speaking favorably of the Court’s decision and in opposition to race-conscious admission practices. Antithetically, President Joe Biden and Senate Majority Leader Chuck Schumer (D-NY) expressed concerns about the future implication of the Court’s decision. President Biden gave remarks saying that “the Court once again walked away from decades of precedent,” adding that he “strongly disagrees with the Court’s decision.” Democrats in both chambers will likely introduce legislation to codify the protections overturned in today’s ruling, as was done following the Court’s 2022 ruling that overturned Roe v. Wade.
Today’s decision will require colleges and universities to redesign their admissions practices during a time when many of these schools have prioritized diversity, equity and inclusion. Both schools involved in the case have affirmed that they will abide by the Court’s decision. Some believe that the Court’s determination today could also threaten the future of race or ethnic-conscious decisions in hiring practices currently protected by Title VII of the Civil Rights Act of 1964.
