On June 29, the Supreme Court affirmed the American ideal of equality and ended the controversial use of affirmative action in higher education admissions. The court ruled that using race as a determinant in college admissions tarnishes the Equal Protection clause of the 14th Amendment to the Constitution. This groundbreaking verdict was secured in two separate lawsuits by Students for Fair Admissions against Harvard College and the University of North Carolina.
Accusing these universities of implementing racially and ethnically discriminatory practices in their undergraduate admissions programs, Students for Fair Admissions found favor with the court’s conservative majority. The landmark verdicts against Harvard University and the University of North Carolina were passed with a 6-2 and 6-3 majority, respectively, reflecting a clear ideological divide within the court.
The ruling brought a seismic shift to a law that, for the last 45 years, permitted institutions to incorporate race in their admission considerations. But as with any substantial change, enforcing this new law will present its challenges. Yet, the conservative advocacy group America First Legal (AFL) is forging ahead in its commitment to uphold this ruling. Positioned as a stronghold against the “radical left,” the AFL is headed by Stephen Miller, a former advisor to President Donald Trump, and Gene Hamilton, who served in the Department of Justice (DOJ) and Department of Homeland Security (DHS) during the Trump administration.
Determined to enforce the verdict, AFL wasted no time contacting 200 of the nation’snation’s law schools. A day after the court’s verdict, letters warned these institutions to comply with the new law or face legal action. Miller, in his letter to John Manning, dean of Harvard Law School, firmly advised that the termination of all forms of race, national origin, and sex preferences should be promptly announced in the areas of student admissions, faculty hiring, and law review membership or article selection.
In the face of claims that higher education could find ways to continue considering race in their admissions process despite the ruling, Miller unequivocally clarified that such attempts would constitute illegal conduct in violation of the Supreme Court ruling, making the institutions involved fully liable.
The twenty-year quest of Edward Blum, president of Students for Fair Admissions, to abolish affirmative action in college admissions found success in this historic ruling. Inspired by the 2003 Supreme Court case, Grutter v. Bollinger, Blum celebrated the decision as restoring the colorblind legal covenant binding our diverse nation together.
In response, Harvard University President Lawrence Bacow, among others, publicly committed to compliance with the Court’s decision. Similarly, while expressing disappointment, Kevin Guskiewicz, chancellor of the University of North Carolina, confirmed their respect for and adherence to the Supreme Court’s decision. Both institutions must review and adapt their admission processes to reflect this significant ruling.
As we enter a new era of equality in higher education, the Supreme Court’s decision marks a definitive move towards a genuinely meritocratic society, where every American can be evaluated on their abilities and achievements rather than their ethnicity or race. As the enforcement of this decision unfolds, the AFL and other conservative bodies stand ready to ensure that the spirit of the law is upheld.