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Why Did the Supreme Court Overturn Affirmative Action?

Published in Constitutional Law and Civil Rights 3 mins read

The Supreme Court overturned affirmative action policies primarily because it found that such policies violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.

The Court's Core Rationale

In its landmark decisions, the Supreme Court determined that race-conscious admissions programs, often used by colleges and universities to foster diverse student bodies, constituted impermissible racial discrimination. The Court emphasized that while diversity is a laudable goal, it cannot be achieved through means that violate constitutional and statutory prohibitions against racial classifications.

Key Legal Principles Violated

The Court identified two fundamental legal pillars that affirmative action policies, as practiced, were found to breach:

Legal Principle Description Court's Finding on Affirmative Action
Equal Protection Clause (14th Amendment, U.S. Constitution) This clause mandates that no state shall "deny to any person within its jurisdiction the equal protection of the laws." It ensures that government entities treat individuals equally under the law, regardless of their race or other protected characteristics. The Court held that policies which use race as a determinative factor in admissions, even with the intention of promoting diversity, inherently involve treating applicants differently based on their race. Such distinctions, unless narrowly tailored to serve a compelling government interest (which the Court found diversity was not in this context), violate the principle of equal protection, as they categorize and stereotype individuals by race.
Title VI of the Civil Rights Act of 1964 This federal law prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. Given that most colleges and universities receive federal funding, they are subject to Title VI. The Court concluded that race-conscious admissions policies, by considering and favoring or disfavoring applicants based on race, constituted impermissible discrimination under Title VI, which mirrors the Equal Protection Clause's prohibition against racial discrimination. The Act ensures that federal funds are not used to support discriminatory practices.

The Court stressed that the Constitution is colorblind and that the government's use of racial classifications, even for beneficent purposes, is inherently suspect and rarely permissible. It ruled that the specific affirmative action policies under review lacked the necessary narrow tailoring and clear end points required to justify racial preferences.

Implications and Future Landscape

The Supreme Court's decision effectively ended the consideration of race as a specific factor in college admissions nationwide. This has led institutions to explore race-neutral alternatives to achieve diversity, such as:

  • Socioeconomic-based admissions: Considering an applicant's socioeconomic background, which can often correlate with racial diversity without explicitly using race.
  • Targeted outreach and recruitment: Focusing efforts on underrepresented communities through non-racial criteria.
  • Geographic preferences: Prioritizing applicants from specific regions or underserved areas.
  • Programs focusing on overcoming disadvantage: Giving weight to applicants who have overcome significant obstacles, regardless of their racial background.

These changes aim to create diverse student bodies while adhering strictly to the constitutional and statutory requirements of equal protection and non-discrimination.