The Supreme Court on Thursday ruled that the race-based admissions programs at Harvard University and the University of North Carolina (UNC) were unlawful.
The pair of rulings, with three justices dissenting, will ban, or at least curtail, affirmative action programs at U.S. colleges and universities.
The justices ruled on two programs, one out of UNC and one out of Harvard. The UNC program was struck down in a 6-3 vote, with Justices Ketanji Jackson Brown, Sonia Sotomayor, and Elena Kagan dissenting. The Harvard program was also deemed unconstitutional in a 6-2 vote from which Jackson was recused.
The Court previously upheld race-based admissions as one factor in evaluating applicants. The demographics of the Court have changed dramatically since 2016 with more conservative judges on the bench.
Chief Justice John Roberts wrote for the majority in a decision that overturns the landmark 1978 case Regents of the University of California v. Bakke.
“The result of today’s decision is that a person’s skin color may play a role in assessing individualized suspicion, but it cannot play a role in assessing that person’s individualized contributions to a diverse learning environment,” Roberts wrote. “That indefensible reading of the Constitution is not grounded in law and subverts the Fourteenth Amendment’s guarantee of equal protection.”
Edward Blum, who brought the lawsuits against Harvard, a private school, and UNC, a public school, celebrated the decision in a statement.
“Ending racial preferences in college admissions is an outcome that the vast majority of all races and ethnicities will celebrate. A university doesn’t have real diversity when it simply assembles students who look different but come from similar backgrounds and act, talk and think alike.”
In dissent, Justice Ketanji Brown Jackson wrote: “The court has come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the bunker, not the boardroom.”
Justice Sonia Sotomayor wrote: “Ignoring race will not equalize a society that is racially unequal. What was true in the 1860s, and again in 1954, is true today: Equality requires acknowledgment of inequality.”
Republican presidential candidates weighed in early Thursday on the decision.
“The world admires America because we value freedom & opportunity. SCOTUS re-affirmed those values today. Picking winners & losers based on race is fundamentally wrong. This decision will help every student—no matter their background—have a better opportunity to achieve the American dream,” Nikki Haley opined.
Mike Pence commented, “There is no place for discrimination based on race in the United States, and I am pleased that the Supreme Court has put an end to this egregious violation of civil and constitutional rights in admissions processes, which only served to perpetuate racism. I am honored to have played a role in appointing three of the Justices that ensured today’s welcomed decision, and as President I will continue to appoint judges who will strictly apply the law rather than twisting it to serve woke and progressive ends.”
“Affirmative action is a badly failed experiment: time to put a nail in the coffin & restore colorblind meritocracy,” said Vivek Ramaswamy.
House Speaker Kevin McCarthy (R-CA) said the ruling ensures equal access to education.
“Now students will be able to compete based on equal standards and individual merit. This will make the college admissions process fairer and uphold equality under the law,” he tweeted.
Senate Majority Leader Chuck Schumer (D-NY) said the ruling was a roadblock.
“These negative consequences could continue for generations, as the historic harms of exclusion and discrimination in education and society are exacerbated,” Schumer said in a statement.
The Biden administration said it was reviewing the decision but did not comment.
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