The Supreme Court’s dismantling of affirmative action sent tremors through the nation. Affirmative Action has reviled by conservatives and heralded as an essential building block in the edifice of democracy and equal opportunity by African Americans and Hispanics. Its demise is an ominous portent. Contrary to the many misleading presentations of its intent, affirmative action was intended to level the playing field by providing access and inclusion in American higher education. Instituted after the long era of Jim Crow (1896-1968), this policy worked to remedy years of discrimination, segregation and exclusion in American educational institutions. Rightly so, race was used in admissions decisions. This is critically important because American higher education prior to this time was woefully inadequate in admitting students of color to majoratrian instutitons. Schools that utilized this remedy experienced increases in the numbers of enrolled students from diverse backgrounds and in their graduation rates.
Opponents have argued that without affirmative action, African Americans could not meet the standards for admission to the nation’s top schools. Nothing could be further from the truth, no unqualified applicant was admitted to a higher educational institution rather race was used as one of a number of factors in the admissions decision. In fact, Title VI of the Civil Rights Act of 1964 makes it illegal to use race to undermine valid job or educational qualifications. The misnomer that race trumps qualifications has also been used to further the argument that affirmative action offers unfair advantage to African Americans.
Contrary to public opinion and misperception, African Americans have always attended the nation’s best universities. John Russwurm, co-founder of Freedom’s Journal, the first Black newspaper, graduated from Bowdoin College in 1827. Richard Greener graduated from Harvard in 1870. Edward Bouchet graduated from Yale University in 1874. Cora B. Jackson graduated from the University of Chicago in 1896 and Sara W. Brown graduated from Cornell University in 1897. This trend would continued unabated throughout the Jim Crow Era. A cursory glance at The Crisis Magazine, the official organ of the NAACP from its founding in 1912 up through 1954, one can see portraits of Black graduates of the nation’s universities (HBCU and majoratrian).
The rollback of affirmative action sends a dangerous message to future generations of Black and Hispanic students. It said that the nation is no longer interested in fairness, equality and an even playing field. These principles were fought for by generations of activists in the Civil Rights, Women’s, LGBTQ+, Anti-Apartheid, and Black Lives Matters movements. The belief in creating an equitable and just society will not be abandoned. Reliance on merit, which we know is a code word for inequality, colorblind admissions and discrimination, does little to remedy the situation. Merit, many argue, was the bedrock of the college admissions system prior to affirmative action. Yet, the nation systematically forbade, discriminated against, and excluded Black students from admission in large numbers to the nation’s largest and most prestigious universities. This is a deeply flawed and disingenuous argument.
The nation stands at a precipice. Are we willing to ensure that all Americans have equal rights and opportunities or are we satisfied with watching these rights being eroded and eliminated for African Americans, Women and the LGBTQ+ communities. We must rise to the occasion and address the fierce urgency of now. We must dedicate ourselves to making the nation’s ideal a reality for all. This decision is and must be a rallying call for more concerted action in the cause of freedom and liberty.
Below please find the majority opinion and the dissents from Justices Brown Jackson and Sotomayor
Jackson-dissent.pdf (thehill.com)
20-1199 Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (06/29/2023) (politico.com)–Justice Sotomayor Dissent
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Previously published on Historian Speaks and is republished on Medium.
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