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The Controversy Leading to the Supreme Court Ban on Affirmative Action

 Affirmative action refers to a series of programs and practices aimed at promoting diversity in education and employment and eliminating discrimination based on gender or ethnic group. One of the first appearances of this term dates to 1961 in an executive order signed by President John F. Kennedy, which stated that those applying for jobs with government contractors should have equal employment opportunities regardless of their ethnicity or religion.

In the context of higher education, affirmative action means that universities can consider an applicant’s ethnicity in their admission process. This practice was introduced to address historical and systemic inequalities in the education system, but it immediately became a controversial topic.

Advocates argued that a diverse student body could enhance the overall learning experience by exposing students to a variety of perspectives and backgrounds. Diversity could enrich the academic environment and prepare students for an increasingly globalized world. Furthermore, admitting students from underrepresented communities could lead to dismantling the historical barriers to access of marginalized groups. In short, affirmative action could rectify historical injustices and systemic inequalities that had disadvantaged certain ethnic groups.

Opponents argued that affirmative action could lead to so-called reverse discrimination, where individuals from majority groups could be unfairly disadvantaged in the admissions process. Furthermore, critics argued that admitting students based on factors like ethnicity rather than academic merit could lead to a mismatch between students' academic abilities and the demands of the institution.

Although affirmative action has not eliminated admission disparities, during the decades in which universities across the US have applied it, there has been an increase in the number of students of color admitted to universities.

However, the introduction of the controversial practice almost immediately led to assaults on affirmative action in higher education admissions. The most notable cases are the ones of Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), and Fisher v. University of Texas (2013). In these instances, all of which reached the Supreme Court, White applicants challenged the universities’ admissions policy because they reserved seats for minority applicants.

Given the controversy around affirmative action, many states banned the practice in their educational institutions. The result was a decrease in enrollment among students from minority groups despite the introduction of alternative practices to encourage ethnic diversity.

The final, decisive assault on affirmative action involved lawsuits against Harvard University and the University of North Carolina. Following these accusations of racial discrimination in the admission process, in June 2023, the Supreme Court voted to ban affirmative action in higher education. The ruling was based on the argument that affirmative action discriminated against White and Asian American students.

The Supreme Court’s decision could significantly impact diversity and equal opportunity in higher education, especially concerning students of color. One of the most immediate consequences of the ban on affirmative action is the potential decline in student body diversity. Colleges and universities may find it challenging to maintain representation from historically marginalized groups, leading to a less varied and enriching academic environment.

The ban on affirmative action also raises questions about the continued pursuit of equal opportunity in higher education. By eliminating race-conscious policies, universities may inadvertently perpetuate historical disparities and hinder efforts to create a more equitable education system.

Alternatives to affirmative action, like considering applicants' socioeconomic status, are unlikely to be a suitable alternative to promote diversity. This criterion may exclude middle-class students of color, who continue to face racial disparities. Although considering socioeconomic status may help address other barriers to higher education, it would not solve the issue of promoting diversity and limiting discrimination based on ethnicity.

In the absence of effective criteria for promoting diversity, the solution appears to be advocating for a return to affirmative action. The consideration that students of color have remained underrepresented in many universities across the US serves as further proof that prioritizing diversity through race-conscious admissions is a fundamental step toward promoting equity.