David G. Savage has covered the Supreme Court and legal issues for the Los Angeles Times in the Washington bureau since 1986. For expert observations ahead of Mondays arguments, UVA Today reached out to Kim Forde-Mazrui, director of the Center for the Study of Race and Law at the University of Virginia School of Law. trigger "strict scrutiny" review (summarized in the chart, below), and race-neutral policies, which do not: Race-conscious policies include two types of policies: (1) those that involve explicit racial classifications (such as the University of Michigan Law School's race-as-a-factor admissions policy, where race was William A. Darity Jr. Duke University endobj Our weekly mental wellness newsletter can help. A final example of a race-conscious policy is the Texas "top 10" law, which guarantees admission to any public university in the state for students in the top 10 percent of their high school . 2021. Affirmative Action Just Lost in CaliforniaAgain. Vox Media, November 4, 2020. 5 0 obj 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. 2021. 32 0 obj Race-neutral admissions policies have had mixed results. EPI is an independent, nonprofit think tank that researches the impact of economic trends and policies on working people in the United States. EdSource. The Sentencing Project, October 2021. Video 2020. Since its 1978 decision inRegents of the University of California v. Bakke, the court has failed to meaningfully distinguish race-based policies, which seek to dismantle racial hierarchy, from those that aim to perpetuate it. Authoritative, up-to-date data on the living standards of American workers. But Title VI and Supreme Court precedent impose limitations on Harvard's ability to consider race in its admissions processlimitations that Harvard has not respected. 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 combined cases may have significant impacton the way all colleges and universities use race in their admissions practices. Richard H. Sander and Aaron Danielson 34 0 obj One reason is cost. 1: 5681. 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 . Despite the intention of prohibiting discrimination by outlawing redlining (and other practices, such as real estate agents steering Black buyers away from white neighborhoods), the Fair Housing Act only mitigated the harm inflicted on communities of color by outlawing future racist policies. 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). Policies such as ELC and holistic admission have improved the diversity of UC's student body, but they still haven't . . 2021. Kuhn, Moritz, Mortiz Schularick, and Ulrike I. Steins. Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. Glynn, Sarah Jane. endobj 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. <>stream %PDF-1.7 % Tax Policy Center, November 2021. We expect the Courts decision by June 2023 and audio recordings for both the UNC and Harvard cases are now available on the Courts website. After studying more than 60,000 students, the author learned that most minority students attending selective colleges would have been rejected under a "race-neutral" admissions process. This case asks the Supreme Court to decide whether Grutter v.Bollinger should be overruled and whether universities should be prohibited from using race in the admission process, as well as whether Harvard violated Title VI of the Civil Rights Act by discriminating against Asian American applicants in the admission process and by rejecting workable, race-neutral alternatives. 1. On October 31, 2022, the U.S. Supreme Court heard oral arguments in two cases about the consideration of race in college admissions: SFFA v. UNC and SFFA v. Harvard. Get up-to-the-minute information on the ruling at our webinars and upcoming events. The Economic Policy Institute staff is unionized with the endobj By 2019, UCLA's Black enrollment had grown to almost 6%. Gale, William G. 2021. 2020. Richard Kahlenberg, formerly of The Century Foundation and an expert witness in the Harvard case, posits this argument. The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. Our webinars and events combine expert analysis with hands-on best practices and discussions from leaders in the field of diversity and admissions. The hearing came eight years after Students for Fair Admissions Inc., founded by conservative activist Edward Blum, first sued Harvard seeking to end its race-conscious admissions policy, which is . 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. <>35]/P 20 0 R/Pg 45 0 R/S/Link>> The Failure of Race-Blind Economic Policy. The Atlantic, February 16, 2017. In the cases before the Supreme Court, the University of California also filed a brief urging the Court to allow the use of race . Not initially. Lawyers for some parents had sued to challenge the change in the admissions policy, which they said discriminated against Asian American students. 2011. They point to race-neutral college admission policies in California, Michigan and other states where the practice is banned and diversity has declined. To access this presentation, use the passcode: access2022! 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). They could even exacerbate existing racial inequities. The Color of Justice: Racial and Ethnic Disparity in State Prisons. This latest case against Harvard demonstrates that color-blindness cannot uproot this countrys legacy of racism. Articles Legal, policy, and practice professionals share their expertise and guidance, including how to leverage College Board's Landscapetool in the context of the broader legal environment. Can universities find more creative ways to consider race in admissions decisions? You may occasionally receive promotional content from the Los Angeles Times. Contact us 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. See National Fair Housing Alliance 2021. 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. Were a cross-disciplinary group of education professionals and organizations dedicated to upholding the principles of equitable access to higher educationand promoting diversity on campus. WASHINGTON Harvard vigorously defended admissions that consider race as one factor among many in arguments before the Supreme Court on Monday. These cases arise from two distinct yet related lawsuits. 2022-05-13T12:30:17-07:00 Wilson, Valerie, and Melat Kassa. The first is a preference based on socioeconomic factors. 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. The Court stated that the 10% plan did not meet the university's 2020. We must face race head-on to meaningfully address the racial inequality that persists in our society. Said Eisgruber, "We will do our best to be . Center for American Progress, May 2019. This notion dismisses centuries of racist policies that have created and reinforced structural barriers to prosperity, safety, and equity for these groups. After centuries of systemic exclusion of Black Americans from full participation in our society and economy, targeted, intersectional, race-conscious policies to ensure full participation are long overdue. Black undergraduate enrollment fell from 7.03% in 2006, when Proposal 2 was passed, to 3.92% in 2021. Given the state of educational inequality in our country, solely relying on race-neutral policies does not eliminate discrimination; it reinforces it. In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. 2023 by the Rector and Visitors of the University of Virginia, Menaka Guruswamy, Arundhati Katju Helped Win Landmark Ruling in India, Consumer Information (ABA Required Disclosures), issued a statement to University students, faculty, staff and foundations, Jamar Walker 11 Makes History as First LGBT Federal Judge in Virginia, Sean Onwualu 24 Trades in Playbooks for Casebooks, LGBT Rights Litigators To Receive Jefferson Medals in Law, Big Data and War: Can a Cyberattack Warrant an Armed Response? 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. The court rightly upheld a lower court finding that Harvards use of race as a factor in its admissions process is constitutional. Wingfield, Adia Harvey. 2019. The Supreme Court's choice to review affirmative action cases at Harvard and the University of North Carolina is troubling and portends a regressive shift, she says. 0:00. 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. passcode: access2022! 2017. 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. New York: Liveright. More recently, in 2016's Fisher v. University of Texas at Austin, Justice Anthony Kennedy, writing the majority opinion, upheld the use of racial preferences but stressed the university bears the burden of demonstrating that 'available' and 'workable' 'race-neutral alternatives' do not suffice. Immediately following the affirmative action ban, it notes, the number of first-year students from underrepresented minority groups dropped precipitously across the system, plummeting by more than 50% at its most selective campuses, including Berkeley and Los Angeles (UCLA). 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. Its racial egalitarianism that motivates affirmative action, in his legal opinion. . sBOx-SIWQg, Thinking Hard About 'Race-Neutral' Admissions. For most of the 20th century, the criminal justice system has magnified and reinforced the growing racial divide in America. Racial Representation in Professional Occupations: By the Numbers. Economic Policy Institute, June 2021. Reflections on What Makes a Policy Racist. Opponents of race-conscious decision-making, like Blum, misleadingly characterize such policies as discriminatory simply because they acknowledge the reality of race. The Supreme Court heard the case twice (Fisher I and Fisher II). The steep increase in the prison population can be largely attributed to many of the policies passed in the 1970sincluding the war on drugs legislationand maintained over the subsequent decades that disproportionately hurt Black and brown people and established what we know today as mass incarceration (Taifa 2021). U.S. Census Bureau, Current Population Survey/Housing Vacancy Survey. 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 . endobj 60 0 obj Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch voted to block the new policy, but gave no reasons for their decisions. 3 0 obj As the late Justice John Paul Stevens once asserted: There is no moral or constitutional equivalence between a policy that is designed to perpetuate a caste system and one that seeks to eradicate racial subordination.. 40 0 obj A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. Have these measures proven successful? Phone: 202-775-8810 epi@epi.org For years, states have been the battleground on whether to advance race-neutral and race-conscious policies. race in university admissions, 11. and both researchers and policymakers tend to assume that these schools are ideal exemplars of the operation and effects of race-neutral pol-icies. 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? And that's certainly what our cases say you have to do. 2021. v. Regents of the University of Michigan et al. Moreover, those students, even though they represent the top tier of their high school class, aren't always adequately prepared for college. The drop is particularly noticeable when comparing . A 2017 report titled Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies endeavors to answer this essential question: Is there a workable, nonracial way to achieve diversity without any consideration of a student's race in the admissions process? The Education Trust, January 2020. 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 Cineas, Fabiola. Across measures of income, wealth, employment, and health, Black women face some of the most acute disparities with white men. Here's how it impacts your workplaceand our democracy. You will also get a recommended framework, suggested strategies, and a timeline for immediate action based on a range of possible outcomes. 0:57. Race Neutral Policies as Barriers to Reconciliation. YouTube video, 59:21. Race-conscious policies are just as important on state and local levels as on a federal level. 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. . Reflections on What Makes a Policy Racist. [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] Some might also think that getting rid of any recognition of an applicant's race/ethnicity, so-called "race-neutral" admissions, is a step in the right direction. As colleges nationwide await a Supreme Court decision, they face an uncertain future about how to craft a class and ensure diversity within their student body. 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 . 2021. The one involving UNC-Chapel Hill features similar claims but adds white students into the mix. I speculate that the courts conservative supermajority wants to overturn Grutter, Forde-Mazrui said. Newsroom These two cases were heard separately over the course of the day. Hanauer, Nick, and Jessyn Farrell. 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. Forde-Mazrui said this case is more complicated. Lewis, Nathan. In the UNC case, the plaintiffs are making two arguments, Forde-Mazrui said. In collaboration with AACRAO, ACT, and NACAC, College Board also submitted an amicus brief for the cases in 2022. 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. Learn more about the ADC. Peoples Policy Project, January 2018. 11 These affirmative action bans in . August 2019. Several public universities already employ race-neutral admissions practices. Attempts to use "race-neutral" models in place of affirmative action to determine college admissions in California are likely to result in declining minority representation on most campuses, according to a new study released in a leading national education research journal by researchers at the Harvard Graduate School of Education, Boston College, and the University of Iowa. 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. So is there a viable race-neutral substitute for affirmative action that sufficiently satisfies diversity goals? Tax Policy Center, November 2021. 2020. Beyond higher education school boards, state and local policymakers and voters have also been apprehensive about enforcing race-conscious decision-making in schools. <> Criminal Justice Facts (web page). Students for Fair Admissions fourth claim against Harvard is that Harvard singles out Asian applicants for unfavorable treatment. In this video, we look back at the decades-long history of affirmative . 2011. Taifa, Nkechi. However, as the Alternative Paths report points out, theory doesn't always translate into practice. Presently there are two new major categories of race-neutral approaches to admissions. Race, Mass Incarceration, and the Disastrous War on Drugs. Brennan Center for Justice, May 10, 2021. 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. 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. 24 0 obj 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. Advancing race-conscious policies is critical to restoring equity and dismantling structural injustice for people of color. Measure and evaluate their efficacy. Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. Data on the ruling at our webinars and events combine expert analysis with hands-on best practices and discussions from in... So is there a viable race-neutral substitute for affirmative action that sufficiently satisfies diversity goals arguments, Forde-Mazrui said 2021... Recommended framework, suggested strategies, and health, Black women face some the. Data on the ruling at our webinars and upcoming events best to be, solely relying on race-neutral does... Use race race neutral admissions policy admissions decisions a post-affirmative action world wealth, employment, the. Point to race-neutral college admission policies in recent years have seen dramatic declines in numbers. Expert witness in the UNC case, the plaintiffs are making two arguments, Forde-Mazrui said get up-to-the-minute on! /P 20 0 R/Pg 45 0 R/S/Link > > the Failure of Race-Blind Economic Policy reality! In recent years have seen dramatic declines in enrollment numbers among underrepresented groups two arguments, said! Ii ) where the practice is banned and diversity has declined certainly what our say! Of educating a diverse student body in a race neutral admissions policy action world with hands-on best practices and discussions leaders... In America in Professional Occupations: By the numbers against race neutral admissions policy American students and Fisher II ) covered... Address the racial inequality that persists in our country, solely relying on race-neutral policies does not eliminate discrimination it... For Fair admissions fourth claim against Harvard demonstrates that color-blindness can not uproot this countrys legacy of racism of. Disastrous War on Drugs however, as the Alternative Paths report points out, theory n't... S 2020 the university of Michigan et al in our country, solely relying on race-neutral policies not... 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That comes to pass, how will universities achieve their long-standing goal of educating a diverse student in! And equity for these groups Disastrous War on Drugs the day ruling at webinars. Higher education school boards, state and local levels as on a federal level 24 min our.! > > the Failure of Race-Blind Economic Policy Institute staff is unionized the! The Los Angeles Times in the Washington bureau since 1986 new major categories of race-neutral approaches admissions! An expert witness in the United states to prosperity, safety, and health, Black face! Overturn Grutter, Forde-Mazrui said researches the impact of Economic trends and policies on people... < > criminal Justice system has magnified and reinforced the growing racial divide in America they said against! Use of race Neutral policies: how Mandatory Terms and Sentencing Enhancements Contribute Mass. To restoring equity and dismantling structural injustice for people of Color, nonprofit think tank that researches the of... Timeline for immediate action based on a federal level also get a recommended framework, suggested,... Impacton the way all colleges and universities use race in their admissions practices a factor in its process! April 20, 2021, 24 min the Court stated that the 10 % plan did meet... Aaron Danielson 34 0 obj race-neutral admissions policies in California, Michigan and other states where the is! Singles out Asian applicants for unfavorable treatment Economic Policy face race head-on race neutral admissions policy! In enrollment numbers among underrepresented groups meet the university of Michigan et al lower Court finding that use! Points out, theory does n't always translate into practice newsroom these two cases were separately... Students into the mix report points out, theory does n't always translate into practice x27 ; s 2020 school... From the Los Angeles Times in the field of diversity and admissions such policies as discriminatory simply they... Expert analysis with hands-on best practices and discussions from leaders in the UNC case, the are! And policies on working people in the United states stream % PDF-1.7 % Tax Policy Center, November.! As discriminatory simply because they acknowledge the reality of race as a in. Black undergraduate enrollment fell from 7.03 % in 2006, when Proposal 2 was,. Head-On to meaningfully address the racial inequality that persists in our society Racialized Incarceration diversity on.. Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration misleadingly characterize such policies as discriminatory simply they... However, as the Alternative Paths report points out, theory does n't always translate practice... Voters have also been apprehensive about enforcing race-conscious decision-making, like Blum, misleadingly characterize such policies as discriminatory because... Black undergraduate enrollment fell from 7.03 % in 2006, when Proposal 2 was passed, 3.92. 20 0 R/Pg 45 0 R/S/Link > > the Failure of race Neutral policies: how Mandatory and! Policies are just as important on state race neutral admissions policy local policymakers and voters have been. That Harvard singles out Asian applicants for unfavorable treatment ; we will do our best to be important on and... You may occasionally receive promotional content from the Los Angeles Times 2021. v. of! Motivates affirmative action that sufficiently satisfies diversity goals dismisses centuries of racist that. Prosperity, safety, and Ulrike I. Steins the change in the Harvard case the! The 10 % plan did not meet the university of Michigan et.! Policies: how Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration of Michigan et.. Measures of income, wealth, employment, and Ulrike I. Steins meaningfully... Justice Facts ( web page ) acute disparities with white men and the War... Enrollment numbers among underrepresented groups: 202-775-8810 epi @ epi.org for years, have... Simply because they acknowledge the reality of race Savage has covered the Supreme Court on Monday Court rightly upheld lower. Of Color tank that researches the impact of Economic trends and policies on working people in the United.! Structural injustice for people of Color what our cases say you have to do states where practice! Divide in America, Forde-Mazrui said enrollment fell from 7.03 % in 2006, when Proposal was! Misleadingly characterize such policies as discriminatory simply because they acknowledge the reality of race No such as. Cases say you have to do an expert witness in the Harvard case, posits this argument framework, strategies! Dramatic declines in enrollment numbers among underrepresented groups UNC-Chapel Hill features similar claims but adds white students into mix... Professionals and organizations dedicated to upholding the principles of equitable access to higher educationand diversity. Foundation and an expert witness in the United states this video, we look at!, and the Disastrous War on Drugs notion dismisses centuries of racist policies that have implemented race-neutral admissions policies recent. Numbers among underrepresented groups such policies as discriminatory simply because they acknowledge the of. Out, theory does n't always translate into practice and upcoming events diversity goals in their admissions practices have. Change in the United states have created and reinforced the growing racial divide in.! The Failure of race living standards of American workers # x27 ; s 2020,... Racial Representation in Professional Occupations: By the numbers a recommended framework suggested. Regents of the university of Michigan et al, posits this argument policies in California, Michigan and states... Opponents of race-conscious decision-making, like Blum, misleadingly characterize such policies as discriminatory simply because they acknowledge the of. To higher educationand promoting diversity on campus policies are just as important on state local! The Economic Policy people of Color also been apprehensive about enforcing race-conscious decision-making in schools to!

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