Can colleges still create diversity without affirmative action?

“The 360” shows you diverse perspectives on the day’s top stories and debates.

What’s happening

The Supreme Court last week struck down affirmative action in college admissions, overturning more than 40 years of precedent that had allowed universities to consider race when deciding which students to admit.

The court’s six conservative justices ruled that race-based admissions violated the Constitution’s equal protection clause. In writing for the majority, Chief Justice John Roberts rejected the argument that colleges have a compelling interest in creating a diverse student body, the justification that had previously undergirded the legality of race-based admissions.

Though only a small percentage of highly selective colleges in the U.S. consider race in their admissions decisions, affirmative action has been one of the most contentious issues in American education for decades.

Why there’s debate

Leaders at elite universities across the country also expressed disappointment at the court’s ruling but insisted that the end of affirmative action does not mean they will abandon their pursuit of diversity on their campuses.

Education experts say there are a number of tactics schools can use — and, in many cases, are already using — to bring in more Black and Latino students without explicitly considering their race. These include targeting outreach to underrepresented parts of the country, taking an applicant’s family income or wealth into account, ending practices like legacy admissions, and guaranteeing acceptance for students who reach certain performance thresholds. Roberts also added an important caveat in his decision, which allows schools to consider “an applicant’s discussion of how race affected his or her life” as part of their “holistic review” of a student’s life experiences and character.

But many education researchers say these work-arounds won’t be nearly enough to make up for the loss of affirmative action. They point to evidence from the nine states that have already banned race-based admissions, including California and Michigan, which have seen significant drops in the share of Black, Latino and Native students at their top universities.

By and large, Republicans celebrated Thursday’s ruling, arguing that it will allow admissions decisions to be based on a student’s merit rather than their background. Democrats denounced the court for blocking what they view as a critical pathway toward reducing racial inequality stemming from centuries of discrimination against minorities.

Some legal experts add that there’s a strong likelihood that alternative approaches colleges employ will also face legal challenges and may soon be banned as well.

What’s next

The court’s decision may also lay the groundwork for challenges to affirmative action in other arenas, specifically the workplace, legal analysts say.

Perspectives

Diversity will inevitably suffer, and not just in colleges

“Affirmative action’s elimination is a monumental setback for racial justice. It will most likely lead to a substantial decline in racial and ethnic diversity at our leading colleges and universities and over time will narrow the pipeline that has led to a more diverse — and representative — leadership class.” — Jerome Karabel, New York Times

Colleges will have to put more work into finding diverse applicants

“One promising way forward is to really up your outreach to the populations that you’re trying to recruit to send a message to those students that they’re still wanted on your campus and they should continue to apply.” — Daniel Klasik, education researcher, to Boston Globe

New diversity approaches may be more resilient

“Many universities will replace race-conscious policies with diversity-promoting alternatives that might more easily survive legal attack, and they should.” — Editorial, Washington Post

Universities can protect diversity, but it will be expensive

“The end of affirmative action doesn’t have to mean the end of campus diversity. … In the coming years, we’ll find out which colleges are willing to spend what it takes to make good on their lofty ideals.” — Kevin Carey, Vox

Nothing can replace affirmative action as a tool for campus diversity

“Nothing is as good at helping to enroll a more racially equitable class than using race. Nothing comes close to it. There are other tools; other ideas. But if race is not taken into consideration, those different types of techniques and tools do not replicate what race-conscious admissions policies do.” — Dominique Baker, education policy professor, to NPR

Roberts’s carve-out could make race even more important in admissions

“The personal essay exception seems like one tool schools can use to minimize declines in Black and Hispanic student admissions. It’s even conceivable Roberts’ decision will — ironically — make race more central to the college admissions process.” — Jordan Weissmann, Semafor

Considering wealth instead of race can achieve the same aims with far less controversy

“An admissions policy that gives a preference to low-wealth households will remind working families, across racial lines, that they will all benefit by an approach that provides their children with greater opportunities to attend the nation’s best colleges and universities.” — Peter Dreier, Richard D. Kahlenberg and Melvin L. Oliver, Slate

There are plenty of highly qualified minority students to keep college campuses diverse

“It’s almost like racial minorities are fully capable of succeeding without racial preferences. … It’s clearly not true that in the absence of racially discriminatory admissions policies, colleges will completely lack diversity and student bodies will inevitably be whiter than Wonder Bread.” — Brad Polumbo, Washington Examiner

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