Elena Kagan recused herself due to conflict and Antonin Scalia died shortly before the ruling. Life is stressful. The decision, dated Sept. 30, emphasizes the need for consideration of race in admissions as a temporary measure to get society to a point of . The Politics of Exclusion: The Failure of Race-Neutral Policies in Urban America. Previously more than 80% of the students came from six high-achieving feeder schools. Several public universities already employ race-neutral admissions practices. If that comes to pass, how will universities achieve their long-standing goal of educating a diverse student body in a post-affirmative action world? Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service. The conservative Supreme Court will meet Monday to consider whether colleges and universities can continue to take race into consideration as a factor in admissions, a case that could diminish the . Yet the university system struggles to enroll a student body that is sufficiently racially diverse to attain the educational benefits of diversity, it claims in its brief. The court is expected to issue its rulings in the spring or summer of next year. Our webinars and events combine expert analysis with hands-on best practices and discussions from leaders in the field of diversity and admissions. Students for Fair Admissions fourth claim against Harvard is that Harvard singles out Asian applicants for unfavorable treatment. 6 min read. The persistent and in some cases widening gaps between economic outcomes for Black and white Americans are largely due to structural racism; racism that is entrenched within the very fabric of our customs, laws, systems, and institutions. The new policy also dropped several standardized tests that were used to rank applicants, as well as the $100 fee to apply. College Board Access & Diversity Collaborative, is a guide to assist institutions of higher education in evaluating race- and ethnicity-neutral policies in support of mission-related diversity goals. Subject matter experts The Color of Justice: Racial and Ethnic Disparity in State Prisons. Get up-to-the-minute information on the ruling at our webinars and upcoming events. Advancing race-conscious policies is critical to restoring equity and dismantling structural injustice for people of color. Our country isnt race-neutral despite efforts to push race-neutral policy. [E]verybody would rather achieve all our racial diversity goals through race-neutral means, Associate Justice Elena Kagan said in the Harvard case. Adams, Michelle. Lawyers for the Pacific Legal Foundation, a conservative advocacy group based in Sacramento that had sued on behalf of several parents, filed an emergency appeal with the Supreme Court. Schlesinger, Traci. Regardless of the courts ruling, we will remain steadfast in our commitment to make diversity a core part of the educational experience at UVA, and will strive to do all we can, within the bounds of the law, to continue to admit and recruit a widely diverse student body, they wrote. The Trump administration has reversed an Obama-era policy that urged universities to consider race as a factor in admissions. Webinar 2: Navigating in Times of Challenge: Fundamentals on Policy and Practice Associated with Race and Ethnicity in Admissions Review this recorded session from June 2022 to learn additional specific, race-neutral enrollment management strategies in advance of the major U.S. Supreme Court action expected this fall and next year. A federal trial judge agreed and ruled the boards new policy amounted to illegal racial balancing.. [44 0 R 47 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R] Equitable policymaking must not only be race conscious but also target the intersection of race and classparticularly regarding criminal justice policy and combatting mass incarceration. 2011. Two "race-neutral alternatives" are frequently proposed: a search for socioeconomic diversity, which is often a proxy for racial and ethnic diversity, and a plan to admit the top candidates . The University of California has spent billions of dollars pursuing race-neutral alternatives. 2020. 41 0 obj She was referring to recent Supreme Court decisions on affirmative action. But the view of race consciousness as racial discrimination is deeply flawed. Yet, some race-neutral methods could help colleges improve diversity - and stand up to legal scrutiny. endobj . The current scope of legacy admissions is hard to determine precisely. Writing in The Economist, Kahlenberg suggests giving a leg up to economically disadvantaged students of all races, a disproportionate share of whom are people of colour. Published March 22, 2021. 33 0 obj And finally, the district court found that a race-neutral admissions model that weights for low socioeconomic status was not a workable alternative, as it would both reduce racial diversity and lower average entrance test . Affirmative action decision-making in employment and education is a useful way to implement race-conscious practices that address inequities springing from historical barriers for marginalized people. Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity. American Civil Liberties Union, December 1, 2020. The Case for Race-Conscious Policies. Social Mobility Memos (Brookings blog), February 4, 2016. endobj endobj Richard H. Sander and Aaron Danielson Tax Policy Center, November 2021. And even without an explicit application checkbox for race, certain assumptions can be made based on surnames, ZIP codes, and individual high schools, notes admissions consultant Sara Harberson. But that ruling was blocked by an appeals court in late March. The plaintiff is the same in both: Students for Fair Admissions, an organization that represents college applicants of Asian ancestry. The Politics of Exclusion: The Failure of Race-Neutral Policies in Urban America. Out of nine justices, six are now conservative, and with Chief Justice John Roberts's acknowledgment of his preference for race-neutral admissions policies, a sweeping ban on affirmative action . Measures included outreach programs for low-income and first-generation students, targeted recruitment in certain communities, and summer immersion programs to prepare students for the college environment. At the same time, the decision addressed the need for institutions to continue to assess whether so-called race-neutral alternatives are available and workable, and suffice for achieving the university's goals. It leads to the myth of race-neutral policythe notion that if all groups are seen as equal under the law all will share equitably in social and economic benefits. They said the boards policy should be blocked because of its intent to discriminate against Asian American applicants.. Affirmative Action Just Lost in CaliforniaAgain. Vox Media, November 4, 2020. The Education Trust, January 2020. During oral arguments, several justices posed questions related to race-neutral admissions, or alternatives to race-conscious enrollment practices. In collaboration with AACRAO, ACT, and NACAC, College Board also submitted an amicus brief for the cases in 2022. Source: Economic Policy Institute analysis of Current Population Survey Housing Vacancy Survey. The Court stated that the 10% plan did not meet the university's The schools say they stand by their holistic admissions criteria that include the consideration of race among many factors when forming classes with the goal of fostering educational diversity. New York: Liveright. In two lawsuits challenging U-M's admissions policies, the court ruled in favor of the Law School and voted 6-3 to partially reverse the university's undergraduate policy, while still allowing for the consideration of race in admissions. In the case involving the University of North Carolina, Students for Fair Admissions argues the college discriminates against white and Asian applicants by giving preference to Black, Hispanic and Native American students. Schools will be scrambling to do what many universities have actually already had to do, Forde-Mazrui said. That clause reads No State shall deny to any person within its jurisdiction the equal protection of the laws., Students for Fair Admissions claims that UNC could use race-neutral alternatives to achieve racial diversity, Forde-Mazrui said, which would fail the Grutter test, because that test says you should only use race if there are no workable race-neutral alternative ways to achieve racial diversity.. Professor Kim Forde-Mazrui directs the Center for the Study of Race and Law. The data below can be saved or copied directly into Excel. A third claim is that Harvard is engaged in racial balancing, which means they are essentially seeking a quota, Forde-Mazrui said. Breadwinning Mothers Continue to be the U.S. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. Only race-conscious policiespolicies that may disproportionately help communities of colorcan dismantle the structural barriers to prosperity, safety, and equity for Black Americans. However, over the past several years, affirmative action has been under attack in the higher education space as some believe race shouldnt be a factor for admission into a school or program. Under the new admissions policy at Thomas Jefferson, the entering freshman class would be 54% Asian . In the UNC case, the plaintiffs are making two arguments, Forde-Mazrui said. As of 2021, the homeownership rate for Black people is approximately 45%nearly 30 percentage points lower than the white U.S. homeownership rate of approximately 74% (U.S. Census Bureau 2022). endobj In fact, that will increase as a result of affirmative action being eliminated. Board of Directors A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. Many students in low-income communities simply cannot afford to attend a four-year university. This Essay reviews and synthesizes contemporary social science research relevant to the constitutional question, in Fisher v. University of Texas at Austin and more broadly, of whether consideration of socioeconomic status and percent plan admissions based on high school rank represent viable race-neutral alternatives to race-based affirmative action programs. 2011. Clearly the link between race and mass incarceration is evident. 2020. Kahlenberg claims this tactic is fairer and more appealing. The Harvard case alleges the university has discriminated against Asian Americans in violation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment. California provides a fascinating case study because of its diverse population and the breadth and quality of its public higher education system. Theres an inherent imbalance of bargaining power between employers and employees. Prepare for the 2023 decision right now following the ADCs Action Guide for Higher Education: Establish a leadership team tasked with guiding all institutional plans regarding possible Court outcomes and addressing these issues: Establish a baseline by documenting a full inventory of all relevant policies and program descriptions associated with diversity, equity, and inclusion (DEI): Keep reading below to get the information, timely updates, and in-depth resources you need to examine your policies. Black undergraduate enrollment fell from 7.03% in 2006, when Proposal 2 was passed, to 3.92% in 2021. Saving Black Lives in Pittsburgh, One Call at a Time, State Lawmakers Must Protect the Cultural and Religious Expression of Indigenous Students, Making Black History, Building Black Futures, To Root Out Racism in the Criminal Legal System, We Cant Fear Too Much Justice, Legal Fellow, ACLU Racial Justice Program, conservative legal strategist Edward Blum, Regents of the University of California v. Bakke, Voters in California recently rejected a ballot measure. A race-blind admissions standard, they say . Notes:AAPI refers to Asian Americans and Pacific Islanders. Regardless of your current planning stage, you can prepare now by reviewing the Access and Diversity Collaboratives Action Guide for Higher Education. Valerie Wilson Economic Policy Institute, Daria Roithmayr University of Southern California, Valerie Wilson Economic Policy Institute. "While Proposition 209 promoted race neutrality in university student recruitment, admissions, financial aid, student academic support and employee hiring, the policy has made it more . These materials and publications can support your work as you prepare for the Supreme Courts decision by examining policies or moving toward race-neutral admission policies. This fall the U.S. SupremeCourtwill hear two federal cases on the use of race in admissions. Centre of Economic Policy Research, December 2019. Those decisions were correct then and remain correct today, Harvards attorneys wrote in their brief. Prior to 2020, about 70% of the admitted students at Thomas Jefferson were Asian Americans, but that percentage fell to 54% under the new policy. Affirmative action decision-making in employment and education is a . See key cases. In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. 34 0 obj He cites a 2016 Gallup poll in which 63% of Americans opposed colleges using race in admissions decisions while 61% of them favored the consideration of economic circumstances. But in fact, race-conscious policies aim to address racial discrimination by recognizing and responding to the structural barriers that have long denied full social, political and economic participation to people of color in the U.S. Blum opposes race-conscious policies in part because he believes that these barriers no longer exist. 13 0 obj endobj I believe that a more important justification is correcting inequalities that stem from our discriminatory history, but the court has made diversity the only legally viable justification, he said. We must face race head-on to meaningfully address the racial inequality that persists in our society. 61 0 obj Richard Kahlenberg, formerly of The Century Foundation and an expert witness in the Harvard case, posits this argument. After Michigan voters passed Proposal 2 in 2006, the university discontinued even the limited consideration of race in holistic admissions programs that Grutter approved. In Michigan's case, there are almost six times as many white students as Black students from low-income families. Recent debates over race-neutral policy have concerned affirmative action in higher education. Texas tried to implement a race-neutral admissions policy, but it did not help increase underrepresented minority students at flagship public colleges. Jobs at EPI Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch voted to block the new policy, but gave no reasons for their decisions. It is the product of several years' research and collaboration with enrollment experts and higher education leaders. Stanford, Calif.: Stanford University Press. The law was passed once again in 2020. Norm. While there are many factors that may play a role in the low Black homeownership rate, one key factor is the racist history of redliningthe practice in which lenders deny mortgage loans or other services to communities of color. Mondays one-line order by the Supreme Court allows the new policy to go into effect. WASHINGTON Conservative Supreme Court justices indicated Monday that they are willing to end the explicit consideration of race in college admissions as they weighed cases challenging affirmative action policies at the University of North Carolina and Harvard University. 1, Meredith v. Jefferson County Board of Education, The Diversity Imperative: The Compelling Case, Access and Diversity: Related but Distinct Concepts, Key Terms and Concepts: Knowing the Basics, Mythbusters: Correcting Common Misunderstandings, Making Connections: A Holistic View of Key Strategies, Admission: Exploring Key Strategies for Achieving Success, Financial Aid and Scholarships: Exploring Key Strategies for Achieving Success, Getting from Here to There: Managing the Process of Policy Change, Beyond Federal Law: State Voter Initiatives and Their Consequences, Taking a Stand: Higher Education Leadership for the 21st Century, The Initiative on Transfer Policy and Practice, Community Colleges and Student Search Service, Professional Development for Higher Education, Summer Institute on College Admission and School Relations, International Professional Development Events, Summer Institute for International Counselors at NYU, International Admissions Symposium and University Fair, College Board Electronic Discussion Groups, Access and Diversity Collaboratives Action Guide for Higher Education, ADCs Key Action Guide for Every Institution, Engaging Campus Stakeholders on Enrollment Issues Associated with Student Diversity, The Playbook: Understanding the Role of Race Neutral Strategies in Advancing Higher Education Diversity, 2nd Edition, Listen to the oral arguments from SFFA v. Harvard, Listen to the oral arguments from SFFA v. UNC, Read our full public statement on the amicus brief, Brief on SCOTUS taking UNC and Harvard Cases. In the first verdict, the court had overturned a lower court's approval of UT's race-sensitive admissions policy and called for race-neutral alternatives. Both California's and Michigan's experiences bear this out. If Kahlenberg is right, Fisher v. Texas might mean the end of affirmative action as we know it in higher education. race-neutral admissions policies have not significantly increased enrollment of underrepresented . Affirmative action recently survived yet another legal attack: Last month, the First Circuit Court of Appealsruled in Harvards favorin a long-running case challenging affirmative action. Currently, within state prisons alone, Black people are incarcerated at nearly five times the rate of white Americans and hold a state average incarceration rate of 1,240 per 100,000 residents (Nellis 2021). endobj Several state university systems have created race-neutral policies to determine which students are admitted and which are not. They point to race-neutral college admission policies in California, Michigan and other states where the practice is banned and diversity has declined. Jones, Tiffany, and Andrew Howard Nichols. Race-neutral admissions emerged in 1995 as a significant policy issue when the Regents of the University of California (UC) adopted Resolution SP-1, prohibiting the use of race, religion, sex, color, ethnicity, or national origin in the UC admission process. Forde-Mazrui said this case is more complicated. <>22]/P 18 0 R/Pg 45 0 R/S/Link>> The strong weight of the evidence . In the 2003 case Grutter v. Bollinger, the court held in favor of the University of Michigan's affirmative action policy but noted the university could employ race-conscious admissions to promote student diversity only after exhausting race-neutral alternatives. 12 0 obj The Color of Law: A Forgotten History of How Our Government Segregated America. He has 30 years of experience in higher education as a university administrator and faculty member and teaches writing at Johns Hopkins University. Following the recent U.S. Supreme Court oral arguments on affirmative action, many experts predict the days of considering race in college admissions may be numbered. This latest case against Harvard demonstrates that color-blindness cannot uproot this countrys legacy of racism. Although the civil rights legislation and the anti-discriminatory laws that followed had put an end to legally sanctioned discrimination and segregation, it continued, and racial economic disparities not only persisted, but many grew worse over time (Jones, Schmitt, and Wilson 2018; Kuhn, Schularick, and Steins 2019). If you look at the conservative justices, they are all likely against affirmative action. Get the information, key resources, materials, and event details you need from the Access and Diversity Collaborative to make strategic decisions and prepare for the Courts decision. Need to become up to speed on the case and its implications for your campus? In response, the system ramped up its efforts to attract underrepresented students. Certainly, selective colleges should strive for class diversity along with racial diversity, wrote Anthony Carnevale, the center's director. Prince 12.5 (www.princexml.com) Satio, Leland T. 2009. The race-poverty correlation is far from perfect the report notes, and the schools that do have double segregation by race and class tend to be the very schools that are the least effective in preparing students for college for many reasons. Hard Truths: Why Only Race-Conscious Policies Can Fix Racism in Higher Education. Summary:Race-neutral policies are harmful for achieving true racial equity and justice. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. Moreover, those students, even though they represent the top tier of their high school class, aren't always adequately prepared for college. The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. Implement the above steps to help streamline evaluations in light of any consequential Court action. The outcome of this case will affect the admissions schemes and racial demographics of universities. Black women are also more likely to face occupational segregation that limits their access to higher-paying jobs (Wilson, Miller, and Kassa 2021). Alito, Thomas and Roberts dissented. Learn more about the ADC. <>/MediaBox[0 0 612 792]/Parent 63 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> 2019. In addition to discriminatory home sales practices such as redlining, the act outlaws discriminatory practices in a range of rental and housing-financing activities. The group alleged in its 2014 lawsuit that the admissions process at North Carolina's flagship university is unlawful because it considers race as a factor and overlooks race-neutral alternatives . Newsroom . This Appendix examines "race-neutral" policies employed by universities in several states in Evaluate how your institution can continually improve, focusing on, among other things, strategic plans and progress benchmarks. This includes voting, education, employment, and much more. 30 0 obj The U.S. Supreme Court is set to soon decide whether race-based programs in admissions are lawful. The level of racial diversity at such schools, however, has not been as robust as it would be if race could be considered.. William A. Darity Jr. Duke University On Oct. 31, the Supreme Court heard oral arguments for two related affirmative action cases brought by Students for Fair Admissions against Harvard University and the University of North Carolina at Chapel Hill (UNC-Chapel Hill). There are several states that have already banned affirmative action, including California, Washington, Michigan and Florida. The Economic Policy Institute staff is unionized with the Learn more about the case, issues, and implications by reviewing one of our prerecorded webinars: Review this recorded session from April2022 for timely analysis on the case, as well as practical, hands-on recommendations from enrollment leaders. That Harvard singles out Asian applicants for unfavorable treatment have created race-neutral policies to precisely... Which means they are essentially seeking a quota, Forde-Mazrui said are lawful which students are admitted which. Has spent billions of dollars pursuing race-neutral alternatives, as well as the $ 100 fee to apply, 1! Race-Conscious PoliciesIncluding affirmative ActionAre Necessary for Addressing racial Inequity the current scope of legacy is! Means they are all likely against affirmative action in higher education system persists in our.... The Access and diversity has declined Richard Kahlenberg, formerly of the Century Foundation an. 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