Supreme Court Does Not Strike Down Affirmative Action in Higher Education Admissions

supremecourtThe Supreme Court has issued a 7-1 ruling in the latest case involving affirmative action in higher education. The court reversed the decision of the Fifth Circuit Court of Appeals which upheld the race-sensitive admissions plan at the University of Texas at Austin. The Supreme Court ruled that the Appeals Court did not obtain sufficient information from the university as to whether the plan met the strict guidelines for a “narrowly tailored” plan as outlined in the 2003 Grutter decision.

Writing for the majority in Fisher v. the University of Texas at Austin, Justice Kennedy stated,  “The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity.”

The good news for proponents of race-sensitive admissions is that after the decision affirmative action lives to see another day. The bad news for proponents of affirmative action is that universities are placed on notice that they must provide detailed justification for any affirmative action admissions program based on race. This may discourage some institutions from continuing with such programs.

Justice Thomas concurred in the majority decision but said he would have preferred to strike down Grutter. Justice Scalia said that the plaintiffs hadn’t asked for a review of Grutter, so the Court couldn’t go further than it did.

You can download the opinion by clicking here.

Related Articles

Leave a Reply

Get the JBHE Weekly Bulletin

Receive our weekly email newsletter delivered to your inbox

Latest News

In Memoriam: O. Jerome Green, 1954-2024

President of historically Black Shorter College O. Jerome Green passed way unexpectedly on April 8. Since he became president in 2012, the college has experienced record-breaking enrollment and graduation rates, created new academic programs, and established the STEM Center for Academic Excellence.

Federal Report Uncovers Lack of Faculty Diversity and Delay in Federal Discrimination Complaint Processing

In addition to a lack of diversity in higher education faculty, the report revealed a frequent delay by the Department of Education when referring discrimination complaints to the Equal Employment Opportunity Commission.

Christopher Span Appointed Dean of Rutgers University Graduate School of Education

Dr. Span, professor of education policy, organization, and leadership at the University of Illinois, is a scholar of African American educational history. He has experience in both academic and administrative leadership positions.

Lingering Mistrust From Tuskegee Syphilis Study Connected to COVID-19 Vaccine Reluctance

African Americans who lived within 750 miles of Tuskegee, Alabama, were more reluctant to receive the COVID-19 vaccine than their White neighbors, as well as Black Americans from other United States regions. The authors attribute this finding to lingering mistrust of public health services as a result of the Tuskegee Syphilis Study which ran from the 1930s to 1972.

Featured Jobs