Why America’s Supreme Court has ended affirmative action

changed course on June 29th. Race-based affirmative action programmes in higher education, a 6-3 majority concluded, violate the Equal Protection Clause of the 14th Amendment.has been hanging by a thread for decades, with race-conscious admissions surviving by one-vote margins inin 2016. When a six-justice conservative majority that was deeply sceptical of using racial criteria took shape in 2020, the demise of affirmative action seemed all but inevitable.

In his majority opinion, Chief Justice John Roberts surveyed the history of affirmative-action jurisprudence and reprised a statement he wrote in 2007, just two years into his tenure. “The way to stop racial discrimination”, he wrote in“is to stop discriminating on the basis of race.” Sixteen years later, the chief offered an even pithier line: “Eliminating racial discrimination means eliminating all of it.

The majority’s critique goes deeper. The ruling questions the very notion of diversity that universities claim to embrace and finds that the racial “categories are themselves imprecise in many ways”. To group together “all Asian students” is to show a lack of interest in “whether South Asian or East Asian students are adequately represented”.

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