Debate Desk
Do Colleges Still Need Race-Conscious Admissions to Be Fair?
The Supreme Court held in 2023 that racial preferences in admissions violate equal protection; the law and the principle call for colorblind treatment.
The claim
Defenders say that without considering race, universities will enroll fewer Black and Hispanic students, that diversity enriches education, and that a history of discrimination justifies measures that open doors.
The answer in three points
- The Fourteenth Amendment guarantees the equal protection of the laws to every person. In Students for Fair Admissions v. Harvard (2023), the Supreme Court held that admissions programs at Harvard and the University of North Carolina that used race violated that guarantee, because race was used as a factor that disadvantaged applicants of other races without a measurable end point.
- Fairness is a principle about individuals. Judging a student by the color of his skin, whether to his benefit or harm, treats him as a member of a group and not as a person. The idea behind the Civil Rights Act of 1964 was that the law be colorblind, as Justice Harlan wrote in his dissent in Plessy v. Ferguson in 1896.
- Opportunity can be widened without racial preferences. Colleges can recruit from more schools, weigh hardship and income, end legacy and donor preferences, and invest in early education. These approaches help disadvantaged students of every race.
The principle that every person stands before the law as an individual is among the great achievements of the civil rights movement, and it remains the best foundation for opportunity.
The numbers
- Students for Fair Admissions v. Harvard was decided on June 29, 2023, by a vote of 6 to 3 in the North Carolina case and 6 to 2 in the Harvard case, with Justice Jackson recused in the latter.
- The Civil Rights Act of 1964, Title VI, bars discrimination on the basis of race, color or national origin in programs receiving federal funds, according to the statute.
- Justice Harlan wrote in his dissent in Plessy v. Ferguson (1896) that the Constitution is color-blind.
What they will say next
"Diversity is a compelling interest." The Court held that the benefits claimed were too hard to measure to justify the use of race. Many universities have pursued diversity by other lawful means.
"Without it, Black enrollment will fall." Enrollments changed at some schools and held at others, and results differ. If lawful alternatives are used well, opportunity can grow.
"History requires remedies." Remedies for specific proven discrimination are allowed. General preferences for groups are another matter, and they can fall on people who had no part in the history.
"Legacy admissions favor the privileged." Many conservatives agree and favor ending them, which shows the aim is fairness.
A fair country treats each person as an individual under law.
"Class-based preferences are not enough." They may not produce the same racial mix, and they help disadvantaged students of all backgrounds, including many who are Black and Hispanic. The Court held that lawful alternatives are available, and colleges are free to pursue them.