In the case against UNC, it alleges the university refused to use race-neutral alternatives to achieve the stated goal of a diverse study body. In the case against Harvard, Students for Fair Admissions alleges that Asian American applicants have been illegally targeted and rejected at a disproportionately higher rate in violation of the students' constitutional rights. "What we are going to see, what I predict, is a cataclysmic drop in the numbers of Latino, Black and Indigenous students attending institutions of higher ed."Ī 2015 study published in the Journal of Higher Education that looked at the impact of affirmative action bans in six states found that the share of students of color in medical schools dropped after the bans went into effect.Ĭritics of affirmative action policies argue that they are unfair and cause reverse discrimination. "This is not just going to impact the elite," Washington said. Should the court end affirmative action in higher education, the impact will be far-reaching, Washington said, as most institutions - save for those in several states where it is prohibited at public universities - are using race-conscious admissions policies. "I would hope that 50 years of very clear law would stand." 'Cataclysmic' impact "The world has changed, but the common law hasn't changed," he said. He said he believes the same now, even with a different makeup of the court. "It is a very, very significant threat to the continued constitutionality of affirmative action," Tanya Washington, a professor of law at Georgia State University whose research focuses on educational equity, told ABC News.Īgainst the convention wisdom at the time, Olivas had said the court would uphold affirmative action in the 2016 case. ![]() And they suggest that stopping them not only decreases the number of Black and Latino students enrolling in colleges but increases those of advantaged groups. Some studies suggest the policies - which consider race as one of many factors when reviewing applicants to further a diverse student body - have had a profound effect on opportunities for minority applicants, which in turn impact their job chances and careers. That the Supreme Court has agreed to hear the cases together is seen by some experts as an indication that the conservative-leaning body could be willing to revisit its precedents and end race-conscious admissions in higher education - which proponents say will have wide-reaching implications for schools, and beyond. On Monday, the high court said it would take up a pair of cases that challenge the use of race as a factor in undergraduate admissions at Harvard University, the nation's oldest private college, and the University of North Carolina, the nation's oldest public state university. Supreme Court will once again revisit the legality of affirmative action in higher education, after last upholding the decades-old precedent in 2016.
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