The outcome of this case will affect the admissions schemes and racial demographics of universities. . Review this recorded session from December 2022 to hear from experts who unpack the fall oral argumentshighlighting surprises and key points that could shape the Courts final decisions. <>13]/P 18 0 R/Pg 45 0 R/S/Link>> Articles 2021. Richard H. Sander and Aaron Danielson <> 6 0 obj In reviewing rates of incarceration by race and income quintiles, the analysis indicates that 42% of observed incarcerated Black men were in the lowest class group versus just 15% of white men (Lewis 2018). 1: 5681. 2011. Bok assesses the different policy alternatives, like class-based affirmative action and top 10 percent plans. Economic Policy Institute, February 2018. Reflections on What Makes a Policy Racist. Income and Wealth Inequality in America. 1225 Eye St. NW, Suite 600 It claims numerous studies have demonstrated that replacing a holistic admissions policy with a top 10% plan would not successfully restore the number of students of color at the most selective four-year campuses that would be achieved under a policy that considers race. To access this presentation, use the passcode: access2022! Criminal Justice Facts (web page). The Harvard affirmative action case is the latest legal challenge engineered byconservative legal strategist Edward Blum, who has been suing to bring an end to race-conscious policies, including affirmative action, for more than 25 years. Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. Racial Representation in Professional Occupations: By the Numbers. Economic Policy Institute, June 2021. Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch voted to block the new policy, but gave no reasons for their decisions. Across measures of income, wealth, employment, and health, Black women face some of the most acute disparities with white men. A network of state and local organizations improving workers' lives through research and advocacy. Schools will be scrambling to do what many universities have actually already had to do, Forde-Mazrui said. Schlesinger, Traci. State and local policymakers play a large role in advancing these policies and ensuring equitable and comprehensive pathways for people of color to fully participate in historically inaccessible institutions. <>/MediaBox[0 0 612 792]/Parent 63 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> 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 . Jones, Tiffany, and Andrew Howard Nichols. Under the new admissions policy at Thomas Jefferson, the entering freshman class would be 54% Asian, 22% white, 11% Latino and 7% Black, the board said. These briefs contradict statements Students for Fair Admissions made Monday in its argument against Harvard before the Supreme Court, in which the group's lawyers claimed that the experiences of Michigan and California show how a university can achieve effective race-neutral alternatives. 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. In fact, that will increase as a result of affirmative action being eliminated. Solomon, Danyelle, Conor Maxwell, and Abril Castro. 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. [E]verybody would rather achieve all our racial diversity goals through race-neutral means, Associate Justice Elena Kagan said in the Harvard case. Video Implement the above steps to help streamline evaluations in light of any consequential Court action. 34 0 obj Interactive tools and videos bringing clarity to the national dialogue on economic inequality. Published March 22, 2021. Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. <>35]/P 20 0 R/Pg 45 0 R/S/Link>> Need deeper analysis? The acute gaps between the economic well-being of Black women and white men demonstrate the need for race-conscious policies that target the intersection of race and gender. In 2009, Texas amended the policy, raising the threshold to 6-7% for the University of Texas at Austin. While I'm thankful for the incredible resources and the education, Rita Brooks, one of 74 Black students among 2,421 undergraduates at Michigan's school of business, told The New York Times, it's difficult to ignore the isolation felt in classroom settings where you're one of two Black students at the most. 2016. The University of Michigan (U-M) shared a similar story in an amicus brief submitted to the court. Harvard and UNC are asking the justices to allow Grutter and other similar decisions to stand. 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. <> I speculate that the courts conservative supermajority wants to overturn Grutter, Forde-Mazrui said. 2023 Economic Policy Institute 2011. 2018. He has 30 years of experience in higher education as a university administrator and faculty member and teaches writing at Johns Hopkins University. The Unfulfilled Promise of the Fair Housing Act. The New Yorker, April 11, 2018. <>9]/P 17 0 R/Pg 45 0 R/S/Link>> 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 . 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 . The Supreme Court heard oral argument in a case concerning the University of North Carolina's race-conscious admissions policy, which is among the factors used in UNC's holistic review of each of . Mondays one-line order by the Supreme Court allows the new policy to go into effect. And that's certainly what our cases say you have to do. 12. . Newsletter Affirmative action is a set of policies and practices within government or an organization that seeks to boost participation of underrepresented groups (based on their race, gender, sexuality, or nationality) in specific areas such as college admissions or managerial ranks. The justices, over three dissents from conservatives, agreed with a federal appeals court that the school board may use "race neutral" means . 11 These affirmative action bans in . Among the initiatives examined is the Texas Top Ten Percent Plan (TTPP), instituted in 1997 after a federal appellate court ruled in Hopwood v. Texas that the state's affirmative action system was unconstitutional. At least nine states Arizona, California, Florida, Idaho, Michigan, Nebraska, New Hampshire, Oklahoma, and Washington have passed laws prohibiting affirmative action in university admissions. Stanford, Calif.: Stanford University Press. Not initially. Forde-Mazrui said he continues to be disappointed that the primary justification for affirmative action in the legal landscape is diversity. The University of California has spent billions of dollars pursuing race-neutral alternatives. Sawhill, Isabell V., and Richard V. Reeves. For example, on an average hourly basis, Black women are paid just 66 cents on the dollar relative to non-Hispanic white men with the same level of education and age (Wilson and Kassa 2020). 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. 23 0 obj Accessed January-February 2022. Did it work? What's more, both the University of California and Michigan have considerable financial resources for such recruitment programs, and they suggest it would be that much more difficult for other state universities to replicate their efforts. 2022-05-13T12:30:17-07:00 Newsroom Bollinger, 539 U.S. 306 (2003), and hold that institutions of higher education cannot use race as a factor in admissions," and (2) whether Harvard and UNC's race-based admissions policies satisfy the demanding strict-scrutiny standard established by Grutter and its progeny. In a post-affirmative action world, where the consideration of race as a factor in admissions decisions is no longer legal, can and will universities still favor applicants of color? Intersectionality and disaggregation within race-conscious policies is integral in identifying and addressing the barriers that exist within subpopulations of racial groups including gender. Communications and stakeholder engagement. Yet, a small but growing body of research suggests that compliance with race-preference bans is irregular; "race-neutral" universities often do appear to give For policymakers to craft meaningful criminal justice reform, legislation must address the systemic racial legacy of mass incarceration and the root causes of race and class divide through economic empowerment. The justices, over three dissents from conservatives, agreed with a federal appeals court that the school board may use race neutral means, including family income, to admit more Black and Latino students to the highly selective Thomas Jefferson High School for Science and Technology. Instead, it achieved greater diversity by setting aside slots for students from all 26 middle schools in Fairfax County. <><>17 18]/P 18 0 R/Pg 45 0 R/S/Link>> The Washington Post/Contributor / Getty Images, 2023 BestColleges.com, a Red Ventures Company, The Public Ivies, Little Ivies, and Other Ivy League Equivalents, University of Illinois - Urbana-Champaign, University of North Carolina - Chapel Hill, Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies, Do Not Sell or Share My Personal Information. If the court rules in favor of the plaintiffs this term, what will be the result? <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> Recent history suggests banning affirmative action will significantly reduce the number of racial minorities on campus. They point to race-neutral college admission policies in California, Michigan and other states where the practice is banned and diversity has declined. The new policy also dropped several standardized tests that were used to rank applicants, as well as the $100 fee to apply. xX]o6} )-~EQ,u$Euvd(lX%{g2{HF%z?|;|i0(=EqdS_xH{b|fZ7s b(9|C cEqAC/qK.Yt&c2C'+M>,>Qqt>): ?>,0D` dCD !|5MW#S!6JacKm(8JNl.E1{0MF_U^%`MWl#5|Da![Pk d%e!K8]gAbs$1:wD=1A5He%6zjbfi.M"oS@&kH\ bS:OfY/[7= =\Jl{z^U)k&?R`N,xB$["!Jdj UXJ!z*}.T*7)MH5PcN! Kuhn, Moritz, Mortiz Schularick, and Ulrike I. Steins. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. 0:00. endobj <> 5 0 obj Generate messaging that shows you continue to be committed to and invested in DEI initiatives that are unlikely to be affected by any Court ruling. For years, states have been the battleground on whether to advance race-neutral and race-conscious policies. In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. Black undergraduate enrollment fell from 7.03% in 2006, when Proposal 2 was passed, to 3.92% in 2021. endobj . The Color of Law: A Forgotten History of How Our Government Segregated America. Exploreresources. For example, while the Fair Housing ActTitle VIII of the Civil Rights Act of 1968outlaws housing discrimination based on race, color, religion, national origin, sex, disability, or familial status,1 it has never fully delivered on its promise to promote and further integration (Adams 2018). Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. In addition to discriminatory home sales practices such as redlining, the act outlaws discriminatory practices in a range of rental and housing-financing activities. A race-blind admissions standard, they say . Over the last 40 years, the incarcerated population has increased by 500%, with 2 million people in prison and jail today (The Sentencing Project 2021). The case could set an important precedent because it addresses facially neutral attempts at racial balancing, and because the school in question is currently over 70% Asian-American, and new . <>22]/P 18 0 R/Pg 45 0 R/S/Link>> Norm. The first is a preference based on socioeconomic factors. Rothstein, Richard. Phone: 202-775-8810 epi@epi.org Source: Economic Policy Institute analysis of Current Population Survey Housing Vacancy Survey. 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, systems, and institutionseven as rules and laws that once denied rights and opportunities to people of color have been repealed (Solomon, Maxwell, and Castro 2019). It's a form of racial profiling in college admissions that no one speaks about, Harberson wrote on her website. David G. Savage has covered the Supreme Court and legal issues for the Los Angeles Times in the Washington bureau since 1986. In response, the system ramped up its efforts to attract underrepresented students. You may occasionally receive promotional content from the Los Angeles Times. Race-neutral admissions alternatives have been found to have no effect on or to increase white admission in secondary schools, and no simulation in the record would produce the level of diversity . In a response filed Wednesday in the Supreme Court, the school board insisted that its admissions policy is "race-neutral" and said the 4th Circuit was "entirely within its . 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