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Affirmative action permitted for the military but prohibited for universities, according to the US Supreme Court

Emmanuel Paul
Emmanuel Paul - Journalist/ Storyteller

Colleges and universities in the United States can no longer apply affirmative action in their application process, as the Supreme Court has recently decided to end affirmative action.

In a decision adopted by the six conservative judges, the highest court in the United States found that Harvard and the University of North Carolina violated the equal protection clause of the 14th amendment of the US Constitution. This decision reverses almost 40 years of precedent that the same court has upheld several times.

The majority decision of the court, written by Chief Justice John Roberts, requires colleges and universities to use colorblind criteria in their admissions. The court stated, “The Court has permitted race-based college admissions only within the confines of narrow restrictions: such admissions programs must comply with strict scrutiny, may never use race as a stereotype or negative, and must—at some point—end.” John Roberts, writing for the majority.

The chief Justice further added “At the same time, nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s 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. Many universities have for too long wrongly concluded that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned, but the color of their skin. This Nation’s constitutional history does not tolerate that choice.”

However, this decision does not apply to military academies “in light of the potentially distinct interests” they might present, wrote by John Roberts.

The decision was adopted along ideological lines, with three liberal judges dissenting vigorously. Two judges dissented in the case of Harvard, while Judge Ketanji Brown Jackson recused herself. Justice Sonia Sotomayor wrote, “The Court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.”

Justice Ketanji Brown Jackson added, “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in life. And having so detached itself from this country’s actual past and present experiences, the Court has now been lured into interfering with the crucial work that UNC and other institutions of higher learning are doing to solve America’s real-world problems.”

The decision has already sparked outrage among Democrats. In a speech delivered from the White House, President Joe Biden criticized the Supreme Court decision, stating that it “walked away from decades of precedent.”

However, he urged schools not to stop considering racial adversity for minority applicants.

“We cannot let this decision be the last word. The court can render a decision, but it cannot change what America stands for.”, said Joe Biden.

Joe Biden further encouraged colleges and universities to consider other means to take into account adversities faced by minorities.

“They should not abandon their commitment to ensure student bodies of diverse backgrounds and experience. What I propose is consideration of a new standard for colleges to take into account the adversity a student has overcome when selecting among qualified applications.”

Republicans have also reacted to the Supreme Court decision, with many considering it a long-awaited decision that now makes college and university admissions “fair and equal” for everyone.

The impact of this decision may extend beyond higher education, as several primary and secondary schools apply affirmative actions in their admissions process. NPR noted examples such as Boston Latin School in Massachusetts, Thomas Jefferson High School in Virginia, and Bronx High School of Science in New York in an article released after the decision.

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