Supreme Court rejects use of race in university admissions

Voting 6-3 along ideological lines, the justices said Thursday that programs at Harvard College and the University of North Carolina violated the Constitution’s equal protection clause. Writing for the court, Chief Justice John Roberts rejected contentions that the programs were warranted to ensure campus diversity.'

“The court once again walked away from decades of precedent,” President Joe Biden told reporters Thursday. “The court has effectively ended affirmative action in college admissions and I strongly, strongly disagree with the court’s decision.” Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett joined Roberts and Thomas in the majority.

Roberts didn’t explicitly say whether universities could seek racial diversity through race-neutral means — such as preferences based on socioeconomic status. In states that have abolished racial preferences, some universities have buttressed diversity by offering automatic admission to students who graduate near the top of their high school class.

The group contended that Harvard penalizes Asian Americans during the admissions process, assigning them lower ratings on leadership and likability, while automatically giving preferences to Black and Hispanic applicants. The Harvard case formally involved Title VI of the 1964 Civil Rights Act, not the equal protection clause, which applies to government actors. In the 1978 Regents of the University of California v. Bakke decision, the court said Title VI and the equal protection clause impose the same legal test.

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