California, where voters banned affirmative action in 1996, has already been down that road, and University of California officials have asked the court to allow race-conscious admissions policies elsewhere. Mondays one-line order by the Supreme Court allows the new policy to go into effect. <> 12 0 obj Race-neutral admissions policies have had mixed results. Recent debates over race-neutral policy have concerned affirmative action in higher education. Consideration of all aspects of a students background for admissionincluding raceis not only constitutional; itscriticalto becoming a more equitable society. The court is expected to issue its rulings in the spring or summer of next year. This Essay reviews and synthesizes contemporary social science research relevant to the constitutional question, in Fisher v. University of Texas at Austin and more broadly, of whether consideration of socioeconomic status and percent plan admissions based on high school rank represent viable race-neutral alternatives to race-based affirmative action programs. v. Regents of the University of Michigan et al. 30 0 obj Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. In reviewing rates of incarceration by race and income quintiles, the analysis indicates that 42% of observed incarcerated Black men were in the lowest class group versus just 15% of white men (Lewis 2018). That clause reads No State shall deny to any person within its jurisdiction the equal protection of the laws., Students for Fair Admissions claims that UNC could use race-neutral alternatives to achieve racial diversity, Forde-Mazrui said, which would fail the Grutter test, because that test says you should only use race if there are no workable race-neutral alternative ways to achieve racial diversity.. Policy choices have tilted the playing field toward the rich and corporations. After studying more than 60,000 students, the author learned that most minority students attending selective colleges would have been rejected under a "race-neutral" admissions process. Google Maps. You may occasionally receive promotional content from the Los Angeles Times. 2020. endobj Future Admissions Tools and Models Initiative, Fisher I: Fisher v. University of Texas 2013, Fisher II: Fisher v. University of Texas 2016, Grutter v. Bollinger and Gratz v. Bollinger, Coalition to Defend Affirmative Action et al. The persistent and in some cases widening gaps between economic outcomes for Black and white Americans are largely due to structural racism; racism that is entrenched within the very fabric of our customs, systems, and institutionseven as rules and laws that once denied rights and opportunities to people of color have been repealed (Solomon, Maxwell, and Castro 2019). The fight against affirmative action, and race . If the court rules in favor of the plaintiffs this term, what will be the result? However, research suggests that while racial discrimination is explicit within the criminal justice system, the class composition of each racial group is strongly correlated with the big overall gap in Black and white incarceration rates (Lewis 2018). The United States' highest court is hearing arguments against using race as a factor in college admissions policies Monday in cases involving the University of North Carolina at Chapel Hill and Harvard University. But in the face of persistent structural inequality, such policies are anything but neutral.. Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid. Working Economics Blog (Economic Policy Institute), August 12, 2020. Tax Policy Center, November 2021. Reflections on What Makes a Policy Racist. The Civil Rights Act was passed under the authority of Congress to enforce the Fourteenth Amendment, one of the post-Civil War Reconstruction Amendments that bans denying any individual "the . How should we interpret the race variable? Policies that may disproportionately help communities of color are critical to building a more racially just society and economy because historically communities of color have been socially, economically, and politically disempowered. But leaders at the University of California and the University of Michigan say their race-neutral admissions policies have not worked, telling the Supreme Court and filings they haven`t been able to significantly increase enrollment of underrepresented minorities sends affirmative action bans in their states took effect. Photo by Ian Bradshaw. Adams, Michelle. Efforts have paid some dividends over time, and numbers have rebounded. 6 min read. The Education Trust, January 2020. For policymakers to craft meaningful criminal justice reform, legislation must address the systemic racial legacy of mass incarceration and the root causes of race and class divide through economic empowerment. Jobs at EPI Generate messaging that shows you continue to be committed to and invested in DEI initiatives that are unlikely to be affected by any Court ruling. But Title VI and Supreme Court precedent impose limitations on Harvard's ability to consider race in its admissions processlimitations that Harvard has not respected. Rothstein, Richard. A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. Hard Truths: Why Only Race-Conscious Policies Can Fix Racism in Higher Education. August 2019. The Guide summarizes key conversations held in the summer and fall of 2022 to discuss ADC sponsors preparations for the decision and outlines strategies to take proactive steps to prepare for an array of possible outcomes. Taifa, Nkechi. The Supreme Court sided with a Virginia school board in an admissions case. What's more, both the University of California and Michigan have considerable financial resources for such recruitment programs, and they suggest it would be that much more difficult for other state universities to replicate their efforts. Given the state of educational inequality in our country, solely relying on race-neutral policies does not eliminate discrimination; it reinforces it. 45 0 obj 40 0 obj 2023 Economic Policy Institute Theres an inherent imbalance of bargaining power between employers and employees. Nonprofit Professional Employees Union. Thats why the ACLU filed a friend of the court brief (also known as an amicus brief) supporting Harvards ability to consider race when deciding which of its 35,000 applicants will fill the 1,600 seats in its incoming class each year. 33 0 obj Peoples Policy Project, January 2018. Can universities find more creative ways to consider race in admissions decisions? EPI is an independent, nonprofit think tank that researches the impact of economic trends and policies on working people in the United States. The Washington Post/Contributor / Getty Images, 2023 BestColleges.com, a Red Ventures Company, The Public Ivies, Little Ivies, and Other Ivy League Equivalents, University of Illinois - Urbana-Champaign, University of North Carolina - Chapel Hill, Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies, Do Not Sell or Share My Personal Information. 0:00. Elena Kagan recused herself due to conflict and Antonin Scalia died shortly before the ruling. In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. College Board Access & Diversity Collaborative, is a guide to assist institutions of higher education in evaluating race- and ethnicity-neutral policies in support of mission-related diversity goals. In addition to arguing that there are race-neutral options that could be used in admissions, the plaintiffs say Harvard is using race excessively, so theyre using more race than is permissible under Grutter because Grutter wants race to be a mild factor, Forde-Mazrui said. Forde-Mazrui said this case is more complicated. 2019. The decision, dated Sept. 30, emphasizes the need for consideration of race in admissions as a temporary measure to get society to a point of . <>15]/P 18 0 R/Pg 45 0 R/S/Link>> This Appendix examines "race-neutral" policies employed by universities in several states in UC's decades-long experience with race-neutral approaches demonstrates that highly competitive universities may not be able to achieve the benefits of student body diversity through race-neutral measures alone, the brief concludes. In the case involving the University of North Carolina, Students for Fair Admissions argues the college discriminates against white and Asian applicants by giving preference to Black, Hispanic and Native American students. Learn more about the case, issues, and implications by reviewing one of our prerecorded webinars: Review this recorded session from April2022 for timely analysis on the case, as well as practical, hands-on recommendations from enrollment leaders. endobj Instead, it achieved greater diversity by setting aside slots for students from all 26 middle schools in Fairfax County. A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. Affirmative action decision-making in employment and education is a . endobj The Color of Justice: Racial and Ethnic Disparity in State Prisons. The plaintiff is the same in both: Students for Fair Admissions, an organization that represents college applicants of Asian ancestry. The hearing came eight years after Students for Fair Admissions Inc., founded by conservative activist Edward Blum, first sued Harvard seeking to end its race-conscious admissions policy, which is . Members of the court's . Daria Roithmayr University of Southern California Get up-to-the-minute information on the ruling at our webinars and upcoming events. Race, Mass Incarceration, and the Disastrous War on Drugs. Brennan Center for Justice, May 10, 2021. endobj Articles 61 0 obj <>22]/P 18 0 R/Pg 45 0 R/S/Link>> The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. Summary:Race-neutral policies are harmful for achieving true racial equity and justice. <>/P 6 0 R/S/Link>> endobj Saving Black Lives in Pittsburgh, One Call at a Time, State Lawmakers Must Protect the Cultural and Religious Expression of Indigenous Students, Making Black History, Building Black Futures, To Root Out Racism in the Criminal Legal System, We Cant Fear Too Much Justice, Legal Fellow, ACLU Racial Justice Program, conservative legal strategist Edward Blum, Regents of the University of California v. Bakke, Voters in California recently rejected a ballot measure. U.S. Supreme Court Ruling on Race in Admissions. 2021. endobj endobj <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> The inclusion of race, class, and disaggregated gender disparities as policy targets are critical in advancing race-conscious policies on both federal and state levels. For years, states have been the battleground on whether to advance race-neutral and race-conscious policies. Cineas, Fabiola. (. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. Our country isnt race-neutral despite efforts to push race-neutral policy. 2021. As a result, those who are admitted are less likely to enroll. Accessed January-February 2022. And finally, the district court found that a race-neutral admissions model that weights for low socioeconomic status was not a workable alternative, as it would both reduce racial diversity and lower average entrance test . Moreover, the new policy gave extra consideration to students who came from low-income households. Develop plans and preliminary drafts regarding communications to campus stakeholders in the wake of the anticipated Court decision. In 2016 in Fisher v. University of Texas, the Supreme Court in a 4-3 vote held that the schools race-conscious undergraduate admissions policy did not violate the equal protection clause. The Color of Law: A Forgotten History of How Our Government Segregated America. 34 0 obj In a response filed Wednesday in the Supreme Court, the school board insisted that its admissions policy is "race-neutral" and said the 4th Circuit was "entirely within its . Wilson, Valerie, Ethan Miller, and Melat Kassa. <>1]/P 6 0 R/Pg 45 0 R/S/Link>> 12. 36 0 obj The current scope of legacy admissions is hard to determine precisely. <> The justices, over three dissents from conservatives, agreed with a federal appeals court that the school board may use "race neutral" means . The Education Trust, January 2020. <><>17 18]/P 18 0 R/Pg 45 0 R/S/Link>> We dont know for sure about some of the newer justices, but we know Samuel Alito, Clarence Thomas and John Roberts, they all voted to strike down affirmative action in the Fisher case.. Research shows that schools that rely on race-neutral policies areless diverse and less accessible to historically underrepresented students of color. In fact, both schools have found these alternatives . 1: 5681. She was referring to recent Supreme Court decisions on affirmative action. Readersinterested in delving deeper into the issues touched on in this chapter are encouraged to explore the following resources suggested by the author. These materials and publications can support your work as you prepare for the Supreme Courts decision by examining policies or moving toward race-neutral admission policies. Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. One is that, even under the current law of Grutter v. Bollinger [a 2003 case in which the Supreme Court upheld affirmative action policies at the University of Michigan Law School], the University of North Carolina is violating the equal protection clause in the 14th Amendment. The schools say they stand by their holistic admissions criteria that include the consideration of race among many factors when forming classes with the goal of fostering educational diversity. Phone: 202-775-8810 epi@epi.org Currently, within state prisons alone, Black people are incarcerated at nearly five times the rate of white Americans and hold a state average incarceration rate of 1,240 per 100,000 residents (Nellis 2021). . As just one example of the gap between the promises of the act and the reality, decades later African Americans still face disparately low rates of homeownership, as shown in Figure A. Consider, for example, a student's personal statement reflecting on the challenges of belonging to a particular race. Throughout U.S. political history, there have been a plethora of policy initiatives that were designed to lift only members of a disadvantaged socioeconomic group without acknowledging the racial component, thus failing to address long-standing inequityor vice versa. Harvard and UNC are asking the justices to allow Grutter and other similar decisions to stand. endobj Nellis, Ashley. In fact, that will increase as a result of affirmative action being eliminated. We must face race head-on to meaningfully address the racial inequality that persists in our society. Implement the above steps to help streamline evaluations in light of any consequential Court action. Black undergraduate enrollment fell from 7.03% in 2006, when Proposal 2 was passed, to 3.92% in 2021. Need to become up to speed on the case and its implications for your campus? Presently there are two new major categories of race-neutral approaches to admissions. Schlesinger, Traci. Supreme Court OKs 'race neutral' admissions policy to admit more Black, Latino students . Staff They point to race-neutral college admission policies in California, Michigan and other states where the practice is banned and diversity has declined. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. Centre of Economic Policy Research, December 2019. Asian-American representation at Harvard would, under a race-neutral . <> endobj <>stream A 2017 report titled Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies endeavors to answer this essential question: Is there a workable, nonracial way to achieve diversity without any consideration of a student's race in the admissions process? Only race-conscious policiespolicies that may disproportionately help communities of colorcan dismantle the structural barriers to prosperity, safety, and equity for Black Americans. 2017. Race-conscious admissions policies are still the best way to achieve diversity on campus. After Michigan voters passed Proposal 2 in 2006, the university discontinued even the limited consideration of race in holistic admissions programs that Grutter approved. <> Prepare your campus by using the materials and publications to examine and review your admissions policies. In the cases before the Supreme Court, the University of California also filed a brief urging the Court to allow the use of race . The law was passed once again in 2020. In this video, we look back at the decades-long history of affirmative . California, where voters banned affirmative action in 1996, has already . Exploreresources. Some might also think that getting rid of any recognition of an applicant's race/ethnicity, so-called "race-neutral" admissions, is a step in the right direction. endobj sBOx-SIWQg, Thinking Hard About 'Race-Neutral' Admissions. In 2000, UGA dropped its race-based admissions formula and moved toward a race-neutral admissions policy, which became permanent in 2006. The Sentencing Project. Center for American Progress. <>0]/P 11 0 R/Pg 45 0 R/S/Link>> Beyond higher education school boards, state and local policymakers and voters have also been apprehensive about enforcing race-conscious decision-making in schools. 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