Supreme Court affirmative action ruling: What can colleges do without it? – Vox
The Supreme Court’s recent decision to invalidate affirmative action programs at Harvard and UNC-Chapel Hill marks the culmination of a conservative legal project that began in the 1980s. However, it also signals the start of a new chapter in the United States’ ongoing struggle over race. This decision could pave the way for further erosion of efforts to address racial and ethnic disparities. The court’s next potential move may be to invalidate “disparate impact” rules, which allow plaintiffs to demonstrate discrimination by pointing to unexplained racial disparities. Conservative justices have long targeted disparate impact provisions, and the recent ruling against race-based college admissions strengthens their position.
If the court dismantles disparate impact rules, it will make it easier for individuals to discriminate based on race without overtly displaying their racist motives. Chief Justice John Roberts’ belief that “the way to stop discriminating on the basis of race is to stop discriminating on the basis of race” overlooks the fact that race-blindness by the court actually facilitates discrimination. Moreover, the court could challenge government actions intended to mitigate harm experienced by specific racial groups, potentially undermining state and federal statutes aimed at protecting minority rights.
These developments have significant implications. They could impede the government’s ability to address racial disparities and hinder efforts to rectify systemic injustices affecting racial minorities. The court’s alignment with partisan interests, particularly those of the Republican Party, and the potential labeling of policies favoring minorities as “unconstitutional” or “woke” may intensify political warfare and curtail the advancement of minority interests. In essence, the affirmative action decision has the potential to dominate state and national agendas and further polarize discussions on race in the United States.
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