This summer, the Supreme Court will rule in Students for Fair Admissions (SFFA) v.President and Fellows of Harvard College and SFFA v. University of North Carolina, two cases that seek to eliminate affirmative action in college admissions.. Elena Kagan recused herself due to conflict and Antonin Scalia died shortly before the ruling. Yet, a small but growing body of research suggests that compliance with race-preference bans is irregular; "race-neutral" universities often do appear to give The outcome of this case will affect the admissions schemes and racial demographics of universities. In 1964 and 1965, Blum has stated, America was held hostage by the legacies of slavery and the chokehold of Jim Crow. 2011. 6 min read. Prince 12.5 (www.princexml.com) And Richard Sander, a University of California, Los Angeles, law professor, has shown that adopting race-neutral admissions policies may lead to improved outcomes for racial minorities. The Harvard affirmative action case is the latest legal challenge engineered byconservative legal strategist Edward Blum, who has been suing to bring an end to race-conscious policies, including affirmative action, for more than 25 years. Solomon, Danyelle, Conor Maxwell, and Abril Castro. For example, voters in California recently rejected a ballot measure that would have restored the states affirmative action policy, suggesting broad public unease with race-conscious decision-making (Cineas 2020). Intersectionality and disaggregation within race-conscious policies is integral in identifying and addressing the barriers that exist within subpopulations of racial groups including gender. 1 The Politics of Exclusion: The Failure of Race-Neutral Policies in Urban America. WASHINGTON Harvard vigorously defended admissions that consider race as one factor among many in arguments before the Supreme Court on Monday. Learn more about the ADC. This notion dismisses centuries of racist policies that have created and reinforced structural barriers to prosperity, safety, and equity for these groups. 60 0 obj 2017. Campuses that have implemented race-neutral admissions policies have seen dramatic declines in enrollment of underrepresented minorities. Forde-Mazrui said this case is more complicated. Race-conscious policies are just as important on state and local levels as on a federal level. The decision, dated Sept. 30, emphasizes the need for consideration of race in admissions as a temporary measure to get society to a point of . 1225 Eye St. NW, Suite 600 Gale, William G. 2021. Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. Here's how to tilt it back. Policies that may disproportionately help communities of color are critical to building a more racially just society and economy because historically communities of color have been socially, economically, and politically disempowered. 61 0 obj Richard Kahlenberg, formerly of The Century Foundation and an expert witness in the Harvard case, posits this argument. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> race-neutral admissions policies have not significantly increased enrollment of underrepresented . State and local policymakers play a large role in advancing these policies and ensuring equitable and comprehensive pathways for people of color to fully participate in historically inaccessible institutions. Under the new admissions policy at Thomas Jefferson, the entering freshman class would be 54% Asian . Perhaps that student took part in extracurricular activities signaling membership in a minority community. Forde-Mazrui said he continues to be disappointed that the primary justification for affirmative action in the legal landscape is diversity. Efforts have paid some dividends over time, and numbers have rebounded. But in the face of persistent structural inequality, such policies are anything but neutral.. The Education Trust, January 2020. The Failure of Race-Blind Economic Policy. The Atlantic, February 16, 2017. v. Regents of the University of Michigan et al, Parents Involved in Community Schools v. Seattle School District No. 2020. At seven of them, the race-neutral admissions policies adopted to replace affirmative action either maintained or increased representation of African American and Latino students on campus. Get up-to-the-minute information on the ruling at our webinars and upcoming events. . 2022-05-13T12:30:17-07:00 endobj Get a better understanding ofthis issue and the case history more deeply with our analyses and guidance on court cases related to access and diversity: College Boards Access andDiversity Collaborative (ADC) provides the information and tools that higher education institutions need to develop and implement policies and practices for educational access and diversity. Review each program or policyand consider adding/strengthening race-neutral strategies. Despite these specific barriers, Black women also endure the costs of caregiving, child care, and student loan debt, which also constrain womens prosperity. Glynn, Sarah Jane. Race/ethnicity categories are mutually exclusive (i.e., white non-Hispanic, Black non-Hispanic, AAPI non-Hispanic, and Hispanic any race). <> To access this presentation, use the passcode: access2022! Following are key reasons why we need to combat the harms of race-neutral policy with race-conscious policies to build a racially just economy and how those policies should be structured: Over 50 years ago, the civil rights era ushered in numerous transformative policies that sought to give people of color equal access to various social and democratic institutions free from explicit discrimination based on race. U.S. Census Bureau, Current Population Survey/Housing Vacancy Survey. <>22]/P 18 0 R/Pg 45 0 R/S/Link>> Stanford, Calif.: Stanford University Press. <>36]/P 21 0 R/Pg 45 0 R/S/Link>> For example, on an average hourly basis, Black women are paid just 66 cents on the dollar relative to non-Hispanic white men with the same level of education and age (Wilson and Kassa 2020). The level of racial diversity at such schools, however, has not been as robust as it would be if race could be considered.. Thinking Hard About 'Race-Neutral' Admissions The University of Michigan (U-M) shared a similar story in an amicus brief submitted to the court. The school system insisted its new admissions policies are race-neutral; among other things, they noted that the panelists who evaluate applications don't even know the race of the students they . But in fact, race-conscious policies aim to address racial discrimination by recognizing and responding to the structural barriers that have long denied full social, political and economic participation to people of color in the U.S. Blum opposes race-conscious policies in part because he believes that these barriers no longer exist. 36 0 obj 2023 by the Rector and Visitors of the University of Virginia, Menaka Guruswamy, Arundhati Katju Helped Win Landmark Ruling in India, Consumer Information (ABA Required Disclosures), issued a statement to University students, faculty, staff and foundations, Jamar Walker 11 Makes History as First LGBT Federal Judge in Virginia, Sean Onwualu 24 Trades in Playbooks for Casebooks, LGBT Rights Litigators To Receive Jefferson Medals in Law, Big Data and War: Can a Cyberattack Warrant an Armed Response? The Harvard case alleges the university has discriminated against Asian Americans in violation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment. 41 0 obj However, over the past several years, affirmative action has been under attack in the higher education space as some believe race shouldnt be a factor for admission into a school or program. (CPS), where a race-neutral, place-based a rmative action system is used for admissions at highly competitive exam high schools. The combined cases may have significant impacton the way all colleges and universities use race in their admissions practices. Our webinars and events combine expert analysis with hands-on best practices and discussions from leaders in the field of diversity and admissions. To access the recording, use this passcode: access2022! endobj The school system has insisted that its new policies are race neutral, and the panel evaluating applicants is not even aware of applicants' race as it conducts its reviews. California provides a fascinating case study because of its diverse population and the breadth and quality of its public higher education system. Harvard and UNC are asking the justices to allow Grutter and other similar decisions to stand. In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. But the fight for affirmative action and other race-conscious policiespolicies that explicitly address systemic racial barriersis not over. Before now, the Supreme Court has repeatedly ruled that schools can narrowly consider race among many factors when considering applications. Regardless of your current planning stage, you can prepare now by reviewing the Access and Diversity Collaboratives Action Guide for Higher Education. trigger "strict scrutiny" review (summarized in the chart, below), and race-neutral policies, which do not: Race-conscious policies include two types of policies: (1) those that involve explicit racial classifications (such as the University of Michigan Law School's race-as-a-factor admissions policy, where race was Apply a comprehensive DEI lens throughout the institution, including cross-campus functions and departments. The law was passed once again in 2020. The Washington Post/Contributor / Getty Images, 2023 BestColleges.com, a Red Ventures Company, The Public Ivies, Little Ivies, and Other Ivy League Equivalents, University of Illinois - Urbana-Champaign, University of North Carolina - Chapel Hill, Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies, Do Not Sell or Share My Personal Information. 25 0 obj Generate messaging that shows you continue to be committed to and invested in DEI initiatives that are unlikely to be affected by any Court ruling. During oral arguments, several justices posed questions related to race-neutral admissions, or alternatives to race-conscious enrollment practices. endobj Life is stressful. 50 Years After the Kerner Commission: African Americans Are Better Off in Many Ways but Are Still Disadvantaged by Racial Inequality. In the UNC case, the plaintiffs are making two arguments, Forde-Mazrui said. Like the University of California, Michigan told the court that after many years of trying to achieve racial diversity, it has proven that goal cannot be adequately realized at selective institutions without taking race into account as one factor among many in admissions decisions. <>/P 6 0 R/S/Link>> Only race-conscious policiespolicies that may disproportionately help communities of colorcan dismantle the structural barriers to prosperity, safety, and equity for Black Americans. National Fair Housing Alliance. Nellis, Ashley. <>35]/P 20 0 R/Pg 45 0 R/S/Link>> As just one example of the gap between the promises of the act and the reality, decades later African Americans still face disparately low rates of homeownership, as shown in Figure A. Students for Fair Admissions larger claim is that Grutter should be overturned and race shouldnt be allowed at all, the expert said. For expert observations ahead of Mondays arguments, UVA Today reached out to Kim Forde-Mazrui, director of the Center for the Study of Race and Law at the University of Virginia School of Law. Jones, Janelle, John Schmitt, and Valerie Wilson. Because many of those students come from under-resourced communities, the TTPP serves as a way to increase both low-income and racial minority students, at least in theory. The Civil Rights Act was passed under the authority of Congress to enforce the Fourteenth Amendment, one of the post-Civil War Reconstruction Amendments that bans denying any individual "the . The plaintiff is the same in both: Students for Fair Admissions, an organization that represents college applicants of Asian ancestry. In response, the system ramped up its efforts to attract underrepresented students. 24 0 obj A vote for the plaintiffs would overturn 40 years of previous rulings that found race could be one of several factors when considering college applicants. We must face race head-on to meaningfully address the racial inequality that persists in our society. She was referring to recent Supreme Court decisions on affirmative action. In a post-affirmative action world, where the consideration of race as a factor in admissions decisions is no longer legal, can and will universities still favor applicants of color? Race-conscious admission policies and the priority of diversity are all crucial factors in promoting equity in education." However, Blum believes that race-neutral admissions could increase diversity, and that colleges such as UNC chose to reject this. Browse events and recorded sessions. Following the recent U.S. Supreme Court oral arguments on affirmative action, many experts predict the days of considering race in college admissions may be numbered. Race, Mass Incarceration, and the Disastrous War on Drugs. Brennan Center for Justice, May 10, 2021. Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. But the view of race consciousness as racial discrimination is deeply flawed. The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. Adams, Michelle. She has had an extensive editing career at several news organizations, including The Virginian-Pilot and The Atlanta Journal-Constitution. endobj Review this recorded session from December 2022 to hear from experts who unpack the fall oral argumentshighlighting surprises and key points that could shape the Courts final decisions. Rothstein, Richard. [44 0 R 47 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R] These cases arise from two distinct yet related lawsuits. <>9]/P 17 0 R/Pg 45 0 R/S/Link>> 2011. Criminal justice reform policies have been prime examples of legislation that fails to address both race and class while also reifying the inequities present at the intersection of race, class, gender, and criminality (Hankivsky and Cormier 2011). Center for American Progress, May 2019. Without these policies, laws will only mitigatebut not dismantlethe barriers that racist and discriminatory laws and policies have reinforced. Events endobj 2021. Recent debates over race-neutral policy have concerned affirmative action in higher education. The law was passed once again in 2020. Many schools lack the resources that U-M has been able to put into this effort, Michigan's brief states, and would not be able to undertake such a broad array of initiatives to respond to such a disruptive change. In Students for Fair Admissions language, Harvard is penalizing Asian applicants, so that its even harder to get into Harvard if youre Asian than if youre white, Forde-Mazrui said. Jones, Tiffany, and Andrew Howard Nichols. The Education Trust, January 2020. Notes:AAPI refers to Asian Americans and Pacific Islanders. endobj Tax Policy Center, November 2021. 2023 Economic Policy Institute Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. 6 Supporters of SP-1, most notably Ward Connerly, declared race-conscious admission to . Many students in low-income communities simply cannot afford to attend a four-year university. Consequently, disparities in wealth and numerous other indicators connected to homeownership and residential patterns continue to grow while the economy leaves communities of color further behind. uuid:a5890c9e-b41c-11b2-0a00-b04a9b020000 Several public universities already employ race-neutral admissions practices. In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. Regardless of the courts ruling, we will remain steadfast in our commitment to make diversity a core part of the educational experience at UVA, and will strive to do all we can, within the bounds of the law, to continue to admit and recruit a widely diverse student body, they wrote. The group alleged in its 2014 lawsuit that the admissions process at North Carolina's flagship university is unlawful because it considers race as a factor and overlooks race-neutral alternatives . Race-conscious admissions policies are still the best way to achieve diversity on campus. They noted the high court has agreed to hear a similar appeal arguing that Harvard University discriminates against Asian Americans in its admissions policy. Washington, DC 20005 In its defense, the school board said its admissions policy did not consider the racial or ethnic identity of any students. Affirmative Action Just Lost in CaliforniaAgain. Vox Media, November 4, 2020. endobj The Economic Policy Institute staff is unionized with the These two cases were heard separately over the course of the day. 1: 5681. endobj Consider, for example, a student's personal statement reflecting on the challenges of belonging to a particular race. U.S. Supreme Court Ruling on Race in Admissions. Webinar 2: Navigating in Times of Challenge: Fundamentals on Policy and Practice Associated with Race and Ethnicity in Admissions Review this recorded session from June 2022 to learn additional specific, race-neutral enrollment management strategies in advance of the major U.S. Supreme Court action expected this fall and next year. Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity. American Civil Liberties Union, December 1, 2020. And at its most selective campuses, the shortfall is especially apparent, causing African American, Native American, and Latino/a students to struggle with feelings of racial isolation. %PDF-1.7 % The true myth of race-neutral policy is the unwillingness to acknowledge or address the racist history within our country, our economy, and our society as well as the long-standing effects that systemic racism has on communities of color. Legal, policy, and practice professionals share their expertise and guidance, including how to leverage College Board's Landscapetool in the context of the broader legal environment. And the Supreme Court has made clear that quotas are unconstitutional.. Learn more. Its racial egalitarianism that motivates affirmative action, in his legal opinion. It is the product of several years' research and collaboration with enrollment experts and higher education leaders. Cineas, Fabiola. Learn with your peers. endobj Moreover, the new policy gave extra consideration to students who came from low-income households. Have these measures proven successful? According to a 2020 Wall Street Journal report, 56% of the nation's top 250 institutions considered legacy in their . The access and diversity Collaboratives action Guide for higher education system and addressing the barriers that exist of. 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