US colleges and universities are promising a future of ever-greater racial diversity, insisting that the nation鈥檚 deeply partisan Supreme Court will not get in the way.
鈥淲e will not allow this decision to move our country backward,鈥 the nation鈥檚 main higher education association, the American Council on Education, said after the top US court聽reversed decades聽of legalised attempts to reverse the nation鈥檚 history of race-based segregation.
鈥淚nstead,鈥 the ACE declared, 鈥渃olleges and universities will redouble efforts to pursue our missions, which absolutely requires maintaining equitable and diverse campuses.鈥
The vow was reiterated by academics and their supporters across the country in the aftermath of the ruling against the admissions policies of Harvard University and the University of North Carolina at Chapel Hill.
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Both institutions have been allowing some race-based considerations, in line with previous Supreme Court rulings dating back to a University of California case in 1978.
But the current Supreme Court 鈥 with a 6-3 conservative majority amplified by three hard-right selections during the Trump administration 鈥 rejected the practice as constitutionally impermissible 鈥渞acial stereotyping鈥.
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The justices backed the contention of conservative plaintiffs in the two cases that, in the nearly 50 years since the court鈥檚 University of California ruling, 鈥渞acial progress on campuses adopting affirmative action admissions policies has stagnated鈥.
The ACE called the reasoning 鈥渟ad鈥 and 鈥渕isguided,鈥 and made particular note of聽major US corporations聽and the US military deliberately seeking racial balance in their operations, agreeing that 鈥渄iversity in the classroom leads directly to a more productive workforce and cohesive armed forces鈥.
US higher education has clearly grown more diverse over the past several decades, though that progress is marked by some clear cases 鈥 including Harvard and the University of California 鈥 where the slow pace of advancement has drawn protests.
Harvard is one among several elite institutions that, as the justices noted during oral arguments in the case in November, has refused to abandon preferences for relatives of alumni and for athletes, often favouring white and wealthier applicants.
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And the California system saw a sharp drop in black enrolment after the state鈥檚 voters rejected affirmative action in admissions in 1996, and it has not recovered that loss in the nearly three decades since then.
Some experts suggested that a leading option for avoiding the loss of black enrolment after the court ruling would involve the greater use of聽personal essays, through which students could describe their struggles with racial inequity without being explicitly categorised by race.
During oral arguments in the case, the Biden administration asked聽 for the justices to permit that option, and the court鈥檚 ruling appeared to comply. 鈥淣othing prohibits universities from considering an applicant鈥檚 discussion of how race affected the applicant鈥檚 life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university,鈥 the justices wrote in their opinion.
And yet that option already existed at places such as the California system, with limited effect.
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Harvard and UNC offered no immediate strategy for how they might now compensate.
鈥淥ur leadership team will need time to thoroughly review the details of this outcome and its potential impact,鈥 said UNC鈥檚 chancellor, Kevin Guskiewicz, 鈥渂efore determining specifically how we will comply with this decision.鈥
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