The Supreme Court ruled on Thursday that affirmative action policies in higher education must be narrowly tailored and subject to strict scrutiny, making it harder for colleges and universities to use race as a factor in admissions.
The 6-3 decision, written by Chief Justice John Roberts, upheld a lower court ruling that rejected a challenge to Harvard University’s admissions program, which considers race among many other factors to achieve a diverse student body.
The court said that Harvard had met its burden of showing that its use of race was necessary and did not amount to racial discrimination or quotas.
“The consideration of race, within the limits described above, is consistent with the academic freedom that ‘long has been viewed as a special concern of the First Amendment,'” Roberts wrote, quoting a previous case.
But the court also warned that affirmative action policies are not immune from judicial review and must be periodically reassessed to ensure they are still justified.
“The University has an ongoing obligation to engage in constant deliberation and continued reflection regarding its admissions policies,” Roberts wrote.
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett joined Roberts in the majority opinion.
Justice Sonia Sotomayor wrote a dissenting opinion, joined by Justices Stephen Breyer and Elena Kagan, arguing that the court’s decision undermines the educational benefits of diversity and ignores the reality of systemic racism in America.
“Today’s decision is a dangerous departure from this Court’s longstanding commitment to preserving the unique role and purpose of our nation’s institutions of higher learning,” Sotomayor wrote.
“The majority’s approach discounts the value of diversity, disregards the history and persistence of racial inequality, and denies the lived experiences of millions of Americans who have suffered and continue to suffer from racial discrimination,” she added.
The case was brought by Students for Fair Admissions (SFFA), a group led by conservative activist Edward Blum, who has been behind several lawsuits challenging affirmative action and voting rights.
SFFA alleged that Harvard discriminated against Asian American applicants by holding them to higher standards than other racial groups and using racial stereotypes in its evaluations.
A federal district court and an appeals court ruled in favor of Harvard, finding no evidence of intentional bias or unlawful use of race in its admissions process.
Harvard defended its program as consistent with Supreme Court precedents that allow limited consideration of race to achieve a critical mass of underrepresented students on campus.
The court’s decision comes amid a national debate over racial justice and equity in the wake of the killing of George Floyd and other Black Americans by police officers.
It also marks a shift in the court’s approach to affirmative action, which has been upheld by narrow margins in previous cases involving the University of Michigan and the University of Texas.
In those cases, Justice Anthony Kennedy, who retired in 2018, joined the liberal justices to form a majority in favor of affirmative action. He was replaced by Kavanaugh, who has been more skeptical of race-conscious policies.
