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Court rules against use of race for college entry

2023-06-30 13:41:05China Daily Editor : Li Yan ECNS App Download

The U.S. Supreme Court on Thursday found colleges' consideration of race-conscious admissions policies violate the Constitution, a momentous decision overturning decades of precedent on affirmative action.

The court's conservative majority said Harvard University and the University of North Carolina, the nation's oldest private and public colleges, discriminated against white and Asian American applicants by using race-conscious programs that benefited applicants from underrepresented backgrounds.

The majority opinion, written by Justice John Roberts, said both schools violated the Equal Protection Clause because they lack "measurable objectives warranting the use of race" and "involve racial stereotyping".

The court's three liberal justices issued a strong dissent. The decision "rolls back decades of precedent and momentous progress", wrote Justice Sonia Sotomayor in the dissent.

She said the decision "closes the door of opportunities that the court's precedents helped open to young students of every race. The devastating impact of this decision cannot be overstated," she said.

The ruling of the divided Supreme Court reflects the stark partisan split of the nation. While Republicans celebrated the end of affirmative action in higher education, Democrats fiercely criticized the court.

House Speaker Kevin McCarthy, a California Republican, hailed Thursday's decision, saying "no American should be denied educational opportunities because of race". Former president Donald Trump called Thursday a "great day for America".

Senate Majority Leader Chuck Schumer, a New York Democrat, called the ruling "a giant roadblock in our country's march toward racial justice".

President Joe Biden urged colleges to "not abandon their commitment to ensure student bodies of diverse backgrounds. We cannot let this decision be the last word," Biden said in a White House address. "The court can render a decision, but it cannot change what America stands for."

The challenges against both universities were brought by a conservative group called Students for Fair Admissions (SFFA).

The group sued Harvard in 2014, accusing it of discriminating against Asian American applicants by holding them to a higher standard in admissions. An appellate court in November 2020 dismissed SFFA's claim, saying it wasn't supported by statistical evidence.

In the North Carolina case, the group made similar accusations, saying the university disadvantaged Asian American and white students by enhancing the prospects of black and Hispanic applicants. A federal District Court ruled in favor of the university in October.

The group filed an appeal at an appellate court in Richmond, Virginia. The Supreme Court stepped in to consider the case before it was heard by the appeals court.

Both Harvard and University of North Carolina said their admissions policies helped create diverse campus communities.

Past Supreme Court decisions allowed universities to consider race as a factor in admissions, saying that schools have an interest in promoting a diverse student body.

The Supreme Court became more conservative after Trump had appointed three new justices before he left office in January 2021.

Education and civil rights groups say that prohibiting the use of race in the admissions process will exacerbate inequality problems, as the number of black and Latino students would be reduced.

So far, nine states have already banned the practice, and some schools have been struggling to diversify the student body.

In response to Thursday's ruling, presidents of many colleges have issued statements affirming their commitment to diversity regardless of the court's decision.

"Harvard will continue to be a vibrant community whose members come from all walks of life, all over the world," Harvard President Lawrence Bacow said in a statement.

Chinese for Affirmative Action, a San Francisco-based civil rights organization, called the Supreme Court's decision as "a major setback" for colleges to create true educational equality.

The group said the public and Asian community should know that the challenger's aim is to "dismantle decades of progress for students of color", and that historically and currently, Asian Americans benefit from affirmative action policies.

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