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 . Consideration of all aspects of a students background for admissionincluding raceis not only constitutional; itscriticalto becoming a more equitable society. The Court stated that the 10% plan did not meet the university's 2021. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> Race-conscious college admissions policies are critical to enrolling underrepresented minorities including Black and Latinx students and have been upheld by the courts, says American Civil Liberties Union President Deborah Archer. Donate. Summary:Race-neutral policies are harmful for achieving true racial equity and justice. 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 . 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. Jobs at EPI However, research suggests that while racial discrimination is explicit within the criminal justice system, the class composition of each racial group is strongly correlated with the big overall gap in Black and white incarceration rates (Lewis 2018). 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. 45 0 obj 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. Equitable policymaking must not only be race conscious but also target the intersection of race and classparticularly regarding criminal justice policy and combatting mass incarceration. Other includes AAPI in years in which AAPI data are not available. This latest case against Harvard demonstrates that color-blindness cannot uproot this countrys legacy of racism. Race-neutral policy such as the drive to eliminate affirmative action threatens racial equity in the states. 41 0 obj That clause reads No State shall deny to any person within its jurisdiction the equal protection of the laws., Students for Fair Admissions claims that UNC could use race-neutral alternatives to achieve racial diversity, Forde-Mazrui said, which would fail the Grutter test, because that test says you should only use race if there are no workable race-neutral alternative ways to achieve racial diversity.. 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). Several public universities already employ race-neutral admissions practices. Economic Policy Institute, February 2018. Our country isnt race-neutral despite efforts to push race-neutral policy. Need deeper analysis? Race-neutral admissions policies purportedly do not consider race in making admissions decisions, but are still designed to assemble a student body reflecting the diverse composition of the college-age population. Newsletter The combined cases may have significant impacton the way all colleges and universities use race in their admissions practices. <><>17 18]/P 18 0 R/Pg 45 0 R/S/Link>> Apply a comprehensive DEI lens throughout the institution, including cross-campus functions and departments. endstream 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. 1 0 obj She was referring to recent Supreme Court decisions on affirmative action. <>35]/P 20 0 R/Pg 45 0 R/S/Link>> Income and Wealth Inequality in America. 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. Richard Kahlenberg, formerly of The Century Foundation and an expert witness in the Harvard case, posits this argument. 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. Following are key reasons why we need to combat the harms of race-neutral policy with race-conscious policies to build a racially just economy and how those policies should be structured: Over 50 years ago, the civil rights era ushered in numerous transformative policies that sought to give people of color equal access to various social and democratic institutions free from explicit discrimination based on race. In systems and institutions like higher education with a history of long-entrenched racial segregation and discrimination, race-conscious policies are pivotal in enhancing the representativeness, diversity, and educational outcomes of people of color. 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. Race-neutral admissions policies have had mixed results. California, where voters banned affirmative action in 1996, has already . Get the information, key resources, materials, and event details you need from the Access and Diversity Collaborative to make strategic decisions and prepare for the Courts decision. 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. These disparities are especially problematic given that, with an increasing share of women also being the sole breadwinners for their households, Black women carry a significant amount of the economic cost (Glynn 2019). Prince 12.5 (www.princexml.com) Published March 22, 2021. The Supreme Court sided with a Virginia school board in an admissions case. Review our issue and case briefs related to access and diversity. [E]verybody would rather achieve all our racial diversity goals through race-neutral means, Associate Justice Elena Kagan said in the Harvard case. 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, laws, systems, and institutions. For its part, although the Supreme Court has consistently ruled it is legal to use race as a factor in a holistic application process, it has long viewed race-conscious policies with suspicion. The United States highest court is hearing arguments against using race as a factor in college admissions policies Monday in cases involving the University of North Carolina at Chapel Hill and Harvard University. Reflections on What Makes a Policy Racist. The decision is a welcome affirmation that using race-conscious decision-making is both lawful and necessary in higher education. <>/MediaBox[0 0 612 792]/Parent 63 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> Voters in California banned schools from considering the race of applicants in 1996, so UC-Berkeley represents a massive, ongoing experiment in race-neutral admissions at a highly competitive . The Unfulfilled Promise of the Fair Housing Act. The New Yorker, April 11, 2018. Have these measures proven successful? 1225 Eye St. NW, Suite 600 Schlesinger, Traci. In the case involving the University of North Carolina, Students for Fair Admissions argues the college discriminates against white and Asian applicants by giving preference to Black, Hispanic and Native American students. EPIs research helps policymakers, opinion leaders, advocates, journalists, and the public understand the bread-and-butter issues affecting ordinary Americans. The University of California has spent billions of dollars pursuing race-neutral alternatives. 2020. The level of racial diversity at such schools, however, has not been as robust as it would be if race could be considered.. A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. Kuhn, Moritz, Mortiz Schularick, and Ulrike I. Steins. Recent history suggests banning affirmative action will significantly reduce the number of racial minorities on campus. <> Advancing race-conscious policies is critical to restoring equity and dismantling structural injustice for people of color. Several state university systems have created race-neutral policies to determine which students are admitted and which are not. Across measures of income, wealth, employment, and health, Black women face some of the most acute disparities with white men. uuid:a5890c9e-b41c-11b2-0a00-b04a9b020000 1 "While Proposition 209 promoted race neutrality in university student recruitment, admissions, financial aid, student academic support and employee hiring, the policy has made it more . endobj The court rightly upheld a lower court finding that Harvards use of race as a factor in its admissions process is constitutional. endobj Hanauer, Nick, and Jessyn Farrell. And the Supreme Court has made clear that quotas are unconstitutional.. Prepare for the 2023 decision right now following the ADCs Action Guide for Higher Education: Establish a leadership team tasked with guiding all institutional plans regarding possible Court outcomes and addressing these issues: Establish a baseline by documenting a full inventory of all relevant policies and program descriptions associated with diversity, equity, and inclusion (DEI): Keep reading below to get the information, timely updates, and in-depth resources you need to examine your policies. A moral policy approach for addressing persistent group-based disparities, Serving, organizing, and empowering communities of color, Best practices for aligning research, advocacy, and activism, Asian Americans and the anti-racist equity agenda, Racial and ethnic disparities in the United States, Program on Race, Ethnicity, and the Economy, Economic Analysis and Research Network (EARN), The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration, The Failure of Race-Blind Economic Policy, Race Neutral Policies as Barriers to Reconciliation, Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson), The Unfulfilled Promise of the Fair Housing Act, Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity, Affirmative Action Just Lost in CaliforniaAgain, Intersectionality and Public Policy: Some Lessons from Existing Models, Race, Mass Incarceration, and the Disastrous War on Drugs, Housing Vacancies and Homeownership (CPS/HVS), Racial Representation in Professional Occupations: By the Numbers, Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid, Guiding principles for anti-racist research, the bodycam for racial economic injustice, Multidimensional identities of the Hispanic population in the United States, The power of self-determination in building sustainable economies in Indian Country, Program on Race, Ethnicity, and the Economy PREE, Economic Analysis and Research Network EARN. 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. We must face race head-on to meaningfully address the racial inequality that persists in our society. Affirmative action decision-making in employment and education is a . In challenging the admissions policies, SFFA requests that SCOTUS overrule Grutter v. Bollinger, 539 U.S. 306 (2003), . 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. In 1964 and 1965, Blum has stated, America was held hostage by the legacies of slavery and the chokehold of Jim Crow. Glynn, Sarah Jane. Daria Roithmayr University of Southern California Critics of race-conscious admissions claim similar diversity outcomes could be met by substituting class for race. Such questions would enable admissions officers to better understand prospective students and their backgrounds without explicitly considering race. Can universities find more creative ways to consider race in admissions decisions? 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