An appeals court later affirmed that decision, finding the university’s practices consistent with Supreme Court precedent. How did lower courts rule in these cases?Īfter a fact-intensive trial examining Harvard’s admission policies in-depth, a federal district court rejected SFFA’s claims. They say using race as one factor among many in a holistic review, consistent with the court’s precedents, is not exclusionary or harmful to other students. The schools say the nation’s history and tradition, including the 14th Amendment’s extension of citizenship rights to former enslaved people after the Civil War, make clear that explicit consideration of race is allowed to address inequality and promote societal benefits. Despite the gains, however, students of color remain underrepresented on campuses nationwide. Since 1976, Black, Native American, Hispanic and Asian American student enrollment has surged, according to Department of Education data. Many schools, including Harvard and UNC, say consideration of race as one factor in a holistic assessment of applicants is an indispensable tool for building a diverse campus. Is there evidence that race-conscious policies are working? Since 1996, 10 states have banned the use of race in public university admissions, including California, Michigan and Florida, according to the American Educational Research Association. Many of those institutions say they consistently evaluate race-neutral alternatives but that they are largely less effective in advancing campus diversity. Roughly 20% of four-year public universities still consider race during the admissions process, according to a report by Ballotpedia. Where is affirmative action used in higher education? In addition to redressing historic injustice, the schools say a diverse learning environment benefits all students and leads to a more informed society and workforce.
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