My Thoughts on the Supreme Court’s Decision on Affirmative Action

Yes, many people chose to stay silent on this issue, but I feel I must respond. Here’s why.

The US Supreme Court building. Photo by Fine Photographics on Unsplash

On Thursday, 29 June 2023, the US Supreme Court gave its decision on college admissions criteria based on race. The 6-3 decision sided with the plaintiffs, Students for Fair Admission, and against Harvard University and the University of North Carolina. You can read the entire decision here, and the dissent here.

As someone who specializes in Diversity, Equity, and Inclusion (DEI), it is impossible to not have an opinion on this landmark decision. So here are my thoughts on the subject.

The Controversy

The decision was mired in controversy because there was no real plaintiff requesting redress for the harm they experienced. The plaintiffs, a special interest group that did not include any traditional college-age or college-going people, brought the suit so that the admissions practices of the universities could be scrutinized by the Justices. The decision effectively now prevents both public and private post-secondary educational institutions from using affirmative action policies based on race to determine admission.

The discussions that followed online have been intense. Many people mirrored the Jackson dissent in their accusation of being blind to history, as well as the current realities of people of color. I understood the frustration, the appearance of regressive policies taking us back to the middle of the previous century and erasing the work done by the Civil Rights movement. I wanted to see who was ready to find solutions to help our students – our qualified students – get into college.

My Response

On June 29th, in response to the SCOTUS decision, I posted to LinkedIn my professional opinion of what we who work in colleges and universities must do. Here is an excerpt:

  • Focus on bolstering community college admissions

  • Bolster and codify transfer tracks

  • Use data that accurately reflects the racial reality of class

  • Bring back the application essay 

California is still figuring out how to best expand access by racial minorities to colleges and universities. A recent study showed that 70% of Californians believe our diversity is a benefit and a reason why they live here. Let’s build on that fact. Let’s keep trying to make educational access a priority. Let’s not forget that the biggest beneficiaries of Affirmative Action – based on gender – are white women.

You can see the entire post here.

Conclusion

I know that taking a position on this issue and then also sharing that position online is a risk. I take full responsibility for that. However, as someone who works in DEI, and also as a person of color, I feel like it is impossible to stay silent. There simply have been too many courageous people who came before me. To stay silent would be a disservice to their hard work and effort.

Just as important as that fact is that I believe that we must all set an example for the next generation of students who will be coming to college after this Supreme Court decision. I need for them to understand how deeply this decision is felt not just by me, but by all the people who are still working tirelessly to provide an equal and fair opportunity to underserved students everywhere.

We are still here.