Today, the Supreme Court held that student-body diversity is not a “compelling interest,” but it has also not been declared an illegitimate one for schools to seek out. Read JeannieSGersen on the implications of the end of affirmative action:
, but Roberts made clear, writing for the 6–3 majority on Thursday, that from now on it will not be treated that way. Although he acknowledged that schools’ interests in diversity are “commendable,” he said that “they are not sufficiently coherent,” arguing that it was unclear how to measure when the goals have been reached and how to know when the use of race should end. He called schools’ diversity interests “inescapably imponderable.
Roberts called out Harvard, in particular, on a number of issues. He pointed out that, while Harvard claimed that the use of race as a “plus” in admissions is never a “negative factor” for any applicant, its consideration of race led to a substantial decrease in the admission of Asian Americans.
Another crucial question is whether schools may continue to pursue their interest in racial diversity through means other than affirmative action––that is, through race-neutral methods.
Justice Neil Gorsuch criticized Harvard for its lack of socioeconomic diversity and its preferences for legacies, athletes, children of donors, and children of faculty, who end up as roughly a third of the undergraduate class—practices that “undoubtedly benefit white and wealthy applicants.
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