What can be done to make The United States of America a more equal and equitable society? In 1961, President John F. Kennedy established, through the Committee on Equal Employment Opportunity, “affirmative action” as a tool of government during an early phase of the Civil Rights revolution. Affirmative action, which became controversial almost immediately, is the practice and legal ability to favor individuals that belong to disadvantaged and underrepresented groups when admitting people into either places of employment or education.
An explosive series of conversations about affirmative action have erupted over the last 50 years, particularly when discussing college admissions. America wanted to become a greater society, a more inclusive society, but there were powerful backlashes against this practice. Some people thought the practice was going to be “short term” in application and were surprised that it has lasted for over seven decades. Others wanted it more vigorously applied. In a 2022 Pew Research poll, 74% of respondents said that race and ethnicity should not be factors in admissions. This raises the question: when a majority of the country opposes affirmative action, why are the calls to keep it in place so significant?
It can be argued that while affirmative action gives a foothold for minorities who more often than not don’t have the financial and educational resources as other students, it also creates a higher threshold that majorities–like White and Asian students–need to cross, who usually hold the majority population at top universities.
It can be further argued that this discrimination is solely a repercussion of seeking diversity in colleges, and giving minorities opportunities at top universities, which is a good thing, right? It ensured that universities and colleges were benefiting people who have been historically kept out of competitive schools, due to their race, ethnicity, income, or identity. Classrooms and communities embraced this due to the diversity it creates, due to it bringing in a wide array of experiences to a shared environment. In the process of striving for inclusivity, and equal opportunity, these institutions have tended to give preferential treatment to people of color which, some argue, has resulted in being disadvantageous to White and Asian students that have historically made up the majority population at these colleges. Affirmative action poses the question of whether or not “legal discrimination” and diversity should be given more weight than objective qualifications. Supporters of racial advantages in admissions mask the practice with the phrase “affirmative action,” while the harsh reality of skin color bias deprives more qualified candidates of their spots.
On June 29, 2023, race-based conscious admissions were ended at Harvard and UNC CH (University of North Carolina, Chapel Hill) by the U.S. Supreme Court, with a 6-3 decision. Justice Sonia Sotomayor issued a dissent, stating that the decision “rolls back decades of precedent and momentous progress,” while Justices John Roberts, who wrote for the majority, had this to write about colorblind admissions: “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. Our constitutional history does not tolerate that choice.” Roberts’ opinion was shared by fellow Justices Clarence Thomas, Brett Kavanaugh, Samuel Alito, Neil Gorsuch and Amy Coney Barret; while Justice Elena Kagan and Ketanji Jackson signed onto Sotomayor’s dissent. Critics have pointed out that this is an extremely conservative Supreme Court with an “activist” agenda to undo everything from The New Deal to Civil Rights to any and all forms of liberalism. Others say the change is timely.
The issue of race in the United States has always been a tricky topic, and with race-based admissions being a barrier for some, a diversifying tool for admission officers, as well as opportunities for others, affirmative action has entailed that topic. With the Supreme Courts’ ruling, this topic will become even more complicated. There is no doubt that the conversation about race-based admissions and its ethics will continue. Jameel Freeman, director of college counseling at Fieldston, had lots to say about the SCOTUS decision and its effects to come. In his letter to the former senior class and their parents, he had this to say: “In my opinion, one of the best aspects of the college search process is the ability to truly examine your identifiers and what you want the next four (or 40) years of your lives to look like. Regardless of the Supreme Court decision, that should not change. We want you to embrace, celebrate, and be inspired by the diversity of your identifiers. We want you all to attend colleges that challenge your intellect and allow you to learn from people who have similar and dissimilar backgrounds—these are a few of the proven educational and psychological benefits of diversity.” With these words in mind, it is important to understand the diversity creating opportunities affirmative action presented, as well as the negative aspects it posed.
For highschoolers, college kids, parents, and communities across the country, conversations on affirmative action are being held, and what consequences or benefits might come from its dismantlement. Ultimately, the path moving forward should prioritize an inclusive and equitable learning environment, where individuals are left to the contents of their character and abilities for judgment, rather than by the color of their skin. Everyone must uphold this standard.
