for decades. Strongly supported by educational institutions and corporate America as vital to fostering diversity, it has been condemned by conservatives as antithetical to the notion that racial equality means all races are treated the same.
Although a decision ending affirmative action would arguably affect only a relatively small number of the colleges, administrators like Holley believe the impact could be significant. “We know that the most highly competitive colleges and universities in the country tend to produce many of the leaders that we see,” she said.
Schools can’t use quotas or set-asides, the court has ruled, but once students check boxes that indicate their race or ethnicity, those part of their identities can be taken into account. Until now, the court’s proffered justification has been that certain “educational benefits” flow from a diverse student body, but a majority of justices have also ruled that lower courts must scrutinize whether schools have tried “race-neutral” alternatives.
In recent years, the court has shifted further to the right, thanks to the three appointments made by former President Donald Trump, meaning Thomas’ view may finally prevail and the justices could conclude affirmative action violates both federal law and the Constitution.
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