The U.S. Supreme Court will once again revisit the legality of affirmative action in higher education, after last upholding the decades-old precedent in 2016.
On Monday, the high court said it wouldthat challenge the use of race as a factor in undergraduate admissions at Harvard University, the nation's oldest private college, and the University of North Carolina, the nation's oldest public state university.
Opponents -- including the conservative group Students for Fair Admissions, which has brought both cases against the universities -- have argued that the policies are discriminatory and violate students' civil rights and the Constitution's guarantee of equal protection.Since 1978, the court has said that race could be used as one factor among many in college admissions, barring the use of quotas or mathematical formulas to diversify a class.
Since that decision, the makeup of the court has changed in a way that makes it seem likely the precedent could be overturned, according to Washington. Against the convention wisdom at the time, Olivas had said the court would uphold affirmative action in the 2016 case. He said he believes the same now, even with a different makeup of the court.
If Harvard were to stop considering race in its admissions process and solely use race-neutral factors, the proportion of African American students admitted to the class of 2019 would have likely dropped from 14% to 6%, and the proportion of Hispanic or"other" students from 14% to 9%, a For Olivas, one of the worst consequences of potentially ending affirmative action is the message it sends.
"Every college applicant should be judged as a unique individual, not as some representative of a racial or ethnic group," Edward Blum, the president of Students for Fair Admissions and a long-time affirmative action opponent and conservative activist, said in a statement.
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