Affirmative action is a set of procedures aimed to eliminate discrimination against certain applicants. Affirmative action is mainly used in applications to colleges, higher-level institutions, and employment opportunities. The goal of affirmative action is to increase diversity and to ensure a well-represented population.
Affirmative action has been around since the 1950s and 1960s with its backing in the 14th amendment and Brown v. Board of Education guaranteeing equal protection for all minorities.
There has always been disagreements regarding the legal extent of affirmative action and its limitations. Courts have previously ruled that admission quotas for different races are not permitted but allowing applicants’ race or ethnicity to be considered one “plus factor” is allowed.
Recently, there has been much contention regarding affirmative action, particularly with lawsuits occurring at Harvard University and the University of North Carolina. In one of the most recent cases, Edward Blum sued Harvard for discriminating against Asian American students in their admission process and sued UNC for discriminating against both Asian American students and white students. Lower courts previously ruled this practice legitimate, but these cases are now being reevaluated at a federal level.
Conservative judges on the Supreme Court have decided to reconsider affirmative action, questioning the legality of this action and pondering the possibility of universities creating “race-neutral” policies aimed at increasing racial diversity. Many justices have voiced that they would still want applicants to discuss racial identities in their essays, discussing how they have overcome hardships and discrimination related to race.
Liberal judges argue that affirmative action fosters diversity on campus and that there is a challenge to achieving a diverse community without regard for race.
With the Supreme Court now having a conservative majority of 6-3, there is a real possibility of affirmative action being overturned. While these debates ensue, it is crucial to understand and consider the implications of this court decision and the consequences it will have for future students of minority backgrounds, legacy students and first-generation students and what will happen to diversity across college campuses in the U.S.