The Case for Affirmative Action in College Admissions

The educational opportunities and benefits of racial diversity on higher campuses may soon vanish, as the U.S. Supreme Court considers overturning decades of precedent that enable universities to consider race as a limited factor in admissions decisions. 

For more than four decades, public and private universities have been allowed to consider race as one of many factors in student admissions decisions. This consideration of race has expanded opportunities for those who have been historically denied a fair shot, NEA members say. Indeed, it is simply not possible for colleges and universities to have a fair admissions process that completely ignores race and how much race impacts students' lives, they say. More diverse campuses also ensure students are exposed to new ideas and different perspectives, which is critical to developing today’s workforce and a stronger future.  

And yet, despite these demonstrated benefits, the Court’s conservative supermajority may be looking to overturn that precedent.  

In late October, justices heard oral arguments in Students for Fair Admissions, Inc. v. Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina. The NEA filed an amicus brief in the cases, urging the court to uphold inclusive admissions. 

In both cases, the plaintiffs are opponents of affirmative action, but they are part of a broader crusade against civil rights. For example, Ed Blum, the attorney behind the UNC and Harvard cases, also has fought against voting rights for African Americans. The broader goal is to keep the system rigged so that people with power and money can keep it to themselves.  

“Today, the reality remains that race still carries great weight in our society and continues to carve out opportunities and disadvantages based solely on the color of one’s skin,” wrote NEA attorneys. “That remains true across our society, including in our nation’s schools, where race continues divide educational opportunities inequitably and distort perceptions with stereotypes and prejudice.” 

Diversity cannot be maintained simply by ending discriminatory practices and treating all students equally regardless of race, the NEA brief declares. Indeed, it remains necessary for schools to take race into account.  

When We Eliminate Racism, Then We Can Eliminate Affirmative Action  

Nearly 20 years ago, when the Supreme Court considered admissions processes at the University of Michigan, justices endorsed consideration of race as one of many factors. At the time, justices said they hoped colleges and universities would, within the following 25 years, achieve racial diversity without using racial preferences in admissions. 

Now, in the current cases, conservative justices emphasized the lack of clarity about when affirmative action policies would no longer be necessary. “If you don’t have something measurable, it’s going to be very hard for this court,” Justice Brett Kavanaugh said. 

This is beside the point, says Florida Atlantic University Professor Deandre Poole. 

“When we create a society for all people and when we eradicate racism, then perhaps we could eliminate affirmative action,” says Poole, who is also president of the university’s United Faculty of Florida chapter. “Until that time, we need affirmative action—and we need to strengthen it.” 

Even what some people might consider neutral indicators of merit—like standardized test scores or extracurricular activities—are often influenced by factors that fall along racial lines, advocates point out.  

Eliminating consideration of race would create additional barriers to opportunity for students of color, especially Black students, said Poole. Damon Hewitt, president and executive director of the Lawyers Committee for Civil Rights Under Law, agrees, warning that college enrollment by students of color will drop if the decision is reversed. Poole adds that more Black students would likely choose to apply to Historically Black Colleges and Universities, which would limit opportunities for students from different backgrounds to get to know each other. 

“If we want a democracy that is pluralistic, multicultural and inclusive than those are the conditions we must cultivate on college campuses,” said Hewitt, at a recent event hosted by his organization. 

The Need for Diversity in Colleges and Universities 

During oral arguments, Justice Ketanji Brown Jackson and her two fellow liberal justices argued that diversity is a compelling enough reason to allow race to factor into admissions decisions in higher education—a belief that NEA supports. 

“We are stronger when our country, communities, schools, and future includes and reflects all of us,” says NEA President Becky Pringle. “Affirmative action and programs like it safeguard a stronger future by expanding higher education opportunities to those who have been historically denied a fair shot.” 

Jackson also warned that overturning affirmative action could lead to the violation of constitutional equal protections granted to students.  

The Supreme Court is expected to deliver its final opinion in both cases by the end of June 2023. 

In the meantime, University of North Carolina Chapel Hill graduate Star Wingate-Bey, whose experience with race-conscious admissions was shared with the Court in 2017, urged people to meaningfully amplify student voices and stories in the fight to preserve affirmative action. She urged universities to invest in safe spaces and initiatives to support and uplift students of color.  

NEA leaders agree: The bottom line is all students should have a fair shot at going to college and they should be seen in their totality of who they are and the opportunities they have been provided. “When we ensure the many talents and experiences of students of color aren’t overlooked in admissions processes that tend to be biased against them, we create schools, a country and a future that includes us all,” says Pringle.