You may occasionally receive promotional content from the Los Angeles Times. In fact, that will increase as a result of affirmative action being eliminated. Peoples Policy Project, January 2018. EPI is an independent, nonprofit think tank that researches the impact of economic trends and policies on working people in the United States. The United States highest court is hearing arguments against using race as a factor in college admissions policies Monday in cases involving the University of North Carolina at Chapel Hill and Harvard University. http://www.jstor.org/stable/41058335. This notion dismisses centuries of racist policies that have created and reinforced structural barriers to prosperity, safety, and equity for these groups. The Failure of Race-Blind Economic Policy. The Atlantic, February 16, 2017. These disparities are especially problematic given that, with an increasing share of women also being the sole breadwinners for their households, Black women carry a significant amount of the economic cost (Glynn 2019). Thats why the ACLU filed a friend of the court brief (also known as an amicus brief) supporting Harvards ability to consider race when deciding which of its 35,000 applicants will fill the 1,600 seats in its incoming class each year. It claims numerous studies have demonstrated that replacing a holistic admissions policy with a top 10% plan would not successfully restore the number of students of color at the most selective four-year campuses that would be achieved under a policy that considers race. 1225 Eye St. NW, Suite 600 Last updated July 16, 2021. In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. It leads to the myth of race-neutral policythe notion that if all groups are seen as equal under the law all will share equitably in social and economic benefits. Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid. Working Economics Blog (Economic Policy Institute), August 12, 2020. This analysis indicates that these disparities are largely due to a racialized class system. endstream 1: 5681. Coalition to Defend Affirmative Action et al. The drop is particularly noticeable when comparing . The outcome of this case will affect the admissions schemes and racial demographics of universities. Research shows that schools that rely on race-neutral policies areless diverse and less accessible to historically underrepresented students of color. 2022-05-13T12:30:17-07:00 Equitable policymaking must not only be race conscious but also target the intersection of race and classparticularly regarding criminal justice policy and combatting mass incarceration. In 2009, Texas amended the policy, raising the threshold to 6-7% for the University of Texas at Austin. xX]o6} )-~EQ,u$Euvd(lX%{g2{HF%z?|;|i0(=EqdS_xH{b|fZ7s b(9|C cEqAC/qK.Yt&c2C'+M>,>Qqt>): ?>,0D` dCD !|5MW#S!6JacKm(8JNl.E1{0MF_U^%`MWl#5|Da![Pk d%e!K8]gAbs$1:wD=1A5He%6zjbfi.M"oS@&kH\ bS:OfY/[7= =\Jl{z^U)k&?R`N,xB$["!Jdj UXJ!z*}.T*7)MH5PcN! The Color of Law: A Forgotten History of How Our Government Segregated America. In Michigan's case, there are almost six times as many white students as Black students from low-income families. A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. The Supreme Court on Monday cleared the way for a Virginia school board to admit more Black and Latino students and slightly fewer Asian students to a magnet high school for math and science. See National Fair Housing Alliance 2021. Notes:AAPI refers to Asian Americans and Pacific Islanders. State and local policymakers play a large role in advancing these policies and ensuring equitable and comprehensive pathways for people of color to fully participate in historically inaccessible institutions. In the Harvard case, the plaintiff says the schools admissions policies discriminate against Asian Americans. A crucial component to equitable policymaking is using the intersection of race and class as a policy target. The persistent and in some cases widening gaps between economic outcomes for Black and white Americans are largely due to structural racism; racism that is entrenched within the very fabric of our customs, systems, and institutionseven as rules and laws that once denied rights and opportunities to people of color have been repealed (Solomon, Maxwell, and Castro 2019). (based on their race, gender, sexuality, or nationality) in specific areas such as college admissions or managerial ranks. California provides a fascinating case study because of its diverse population and the breadth and quality of its public higher education system. uuid:a5890c9e-b41c-11b2-0a00-b04a9b020000 10 After two decades with Proposition 209 in California, college enrollment by black and Latino students was lower than before the proposition was passed. Their briefs claim that while outreach efforts have resulted in more low-income and first-generation students, they have not alone significantly increased diversity. <>36]/P 21 0 R/Pg 45 0 R/S/Link>> Podcast In fact, both schools have found these alternatives . Only race-conscious policiespolicies that may disproportionately help communities of colorcan dismantle the structural barriers to prosperity, safety, and equity for Black Americans. Jobs at EPI Black women are also more likely to face occupational segregation that limits their access to higher-paying jobs (Wilson, Miller, and Kassa 2021). Prior to 2020, about 70% of the admitted students at Thomas Jefferson were Asian Americans, but that percentage fell to 54% under the new policy. This summer, the Supreme Court will rule in Students for Fair Admissions (SFFA) v.President and Fellows of Harvard College and SFFA v. University of North Carolina, two cases that seek to eliminate affirmative action in college admissions.. It's a form of racial profiling in college admissions that no one speaks about, Harberson wrote on her website. The data below can be saved or copied directly into Excel. Prepare for the 2023 decision right now following the ADCs Action Guide for Higher Education: Establish a leadership team tasked with guiding all institutional plans regarding possible Court outcomes and addressing these issues: Establish a baseline by documenting a full inventory of all relevant policies and program descriptions associated with diversity, equity, and inclusion (DEI): Keep reading below to get the information, timely updates, and in-depth resources you need to examine your policies. 2020. endobj 23 0 obj Following the recent U.S. Supreme Court oral arguments on affirmative action, many experts predict the days of considering race in college admissions may be numbered. For most of the 20th century, the criminal justice system has magnified and reinforced the growing racial divide in America. However, over the past several years, affirmative action has been under attack in the higher education space as some believe race shouldnt be a factor for admission into a school or program. In the UNC case, the plaintiffs are making two arguments, Forde-Mazrui said. Contact us U.S. Census Bureau, Current Population Survey/Housing Vacancy Survey. endobj The court is expected to issue its rulings in the spring or summer of next year. In response, the system ramped up its efforts to attract underrepresented students. After centuries of systemic exclusion of Black Americans from full participation in our society and economy, targeted, intersectional, race-conscious policies to ensure full participation are long overdue. Because many of those students come from under-resourced communities, the TTPP serves as a way to increase both low-income and racial minority students, at least in theory. The second is the class rank approach. Clearly the link between race and mass incarceration is evident. She was referring to recent Supreme Court decisions on affirmative action. Events 50 Years After the Kerner Commission: African Americans Are Better Off in Many Ways but Are Still Disadvantaged by Racial Inequality. These materials and publications can support your work as you prepare for the Supreme Courts decision by examining policies or moving toward race-neutral admission policies. While the court continues to permit affirmative action policies in higher education, it has done so with increasing hesitance and an ever-growing preference for race-neutral alternatives. Source: Economic Policy Institute analysis of Current Population Survey Housing Vacancy Survey. In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. <><>17 18]/P 18 0 R/Pg 45 0 R/S/Link>> And that's certainly what our cases say you have to do. 6 0 obj Yet, some race-neutral methods could help colleges improve diversity - and stand up to legal scrutiny. %PDF-1.7 % 24 0 obj Race Neutral Policies as Barriers to Reconciliation. YouTube video, 59:21. Before now, the Supreme Court has repeatedly ruled that schools can narrowly consider race among many factors when considering applications. The premise that civil rights laws can eradicate racism within institutions founded on the doctrine of racism is not only a common fallacy, but harmful in achieving true racial equity and justice. The first is a preference based on socioeconomic factors. Satio, Leland T. 2009. Members of the court's . 3 0 obj Center for American Progress, May 2019. 2019. Paul B. Stephan 77 Weighs In, A Year of War: Three Experts Weigh In on the Ukraine Invasion So Far, Common Law Explores Why Once-Contentious Natural Gas Pipelines Are Now Rubber-Stamped, Book by Danielle Citron Traces History of Privacy Law, Reforms for Today, Podcast: Global Crisis Triggered by Knowledge Economy, Says Paul B. Stephan 77, Podcast: Kim Krawiec Discusses Political Economy of Organ Transplantation. The decision is a welcome affirmation that using race-conscious decision-making is both lawful and necessary in higher education. 2022-05-13T12:30:17-07:00 Measures included outreach programs for low-income and first-generation students, targeted recruitment in certain communities, and summer immersion programs to prepare students for the college environment. Readersinterested in delving deeper into the issues touched on in this chapter are encouraged to explore the following resources suggested by the author. <> . The Harvard case alleges the university has discriminated against Asian Americans in violation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment. But the view of race consciousness as racial discrimination is deeply flawed. Rothstein, Richard. But in the face of persistent structural inequality, such policies are anything but neutral.. Race & Reconciliation Initiative at Texas Christian University. In its defense, the school board said its admissions policy did not consider the racial or ethnic identity of any students. At UCLA, Black enrollment, which had been 7% before Proposition 209, fell to 3.4% by 1998. Can universities find more creative ways to consider race in admissions decisions? The act did not tackle the residential patternssuch as the segregation into neighborhoods with lower price appreciation and less investmentthat resulted from the past policies (Rothstein 2017). Bok assesses the different policy alternatives, like class-based affirmative action and top 10 percent plans. Over the last 40 years, the incarcerated population has increased by 500%, with 2 million people in prison and jail today (The Sentencing Project 2021). In the case involving the University of North Carolina, Students for Fair Admissions argues the college discriminates against white and Asian applicants by giving preference to Black, Hispanic and Native American students. 61 0 obj Schlesinger, Traci. Within the past few years, Harvard University has been under legal attack to ban affirmative action in its admission process despite the literature available indicating that schools that rely on race-neutral policies and abandon affirmative action decision-making are less accessible and less diverse to underrepresented students of color (Burgess 2020). 2021. Race-neutral admissions policies have had mixed results. In 1964 and 1965, Blum has stated, America was held hostage by the legacies of slavery and the chokehold of Jim Crow. Fast forward to [today] the chokehold has gone away., Affirmative action opponents often favor so-called race-neutral admissions policies, which do not explicitly consider race. Yet the university system struggles to enroll a student body that is sufficiently racially diverse to attain the educational benefits of diversity, it claims in its brief. After Michigan voters passed Proposal 2 in 2006, the university discontinued even the limited consideration of race in holistic admissions programs that Grutter approved. National Fair Housing Alliance. In two lawsuits challenging U-M's admissions policies, the court ruled in favor of the Law School and voted 6-3 to partially reverse the university's undergraduate policy, while still allowing for the consideration of race in admissions. Those decisions were correct then and remain correct today, Harvards attorneys wrote in their brief. Race-conscious admissions policies are still the best way to achieve diversity on campus. 1 0 obj Intersectionality and Public Policy: Some Lessons from Existing Models. Political Research Quarterly 64, no. How should we interpret the race variable? Jones, Tiffany, and Andrew Howard Nichols. New York: Liveright. <>20]/P 18 0 R/Pg 45 0 R/S/Link>> If the court rules in favor of the plaintiffs this term, what will be the result? Satio, Leland T. 2009. For its part, although the Supreme Court has consistently ruled it is legal to use race as a factor in a holistic application process, it has long viewed race-conscious policies with suspicion. A third claim is that Harvard is engaged in racial balancing, which means they are essentially seeking a quota, Forde-Mazrui said. 2019. At least nine states Arizona, California, Florida, Idaho, Michigan, Nebraska, New Hampshire, Oklahoma, and Washington have passed laws prohibiting affirmative action in university admissions. EdSource. Among the initiatives examined is the Texas Top Ten Percent Plan (TTPP), instituted in 1997 after a federal appellate court ruled in Hopwood v. Texas that the state's affirmative action system was unconstitutional. This includes voting, education, employment, and much more. UT argues that the Court has already held that a university's interest in diversity is compelling, and that UT's admissions policy is narrowly tailored, because race-neutral approaches are insufficient to achieve its interest. <>1]/P 6 0 R/Pg 45 0 R/S/Link>> Texas tried to implement a race-neutral admissions policy, but it did not help increase underrepresented minority students at flagship public colleges. Glynn, Sarah Jane. The Sentencing Project. <> Sawhill, Isabell V., and Richard V. Reeves. For example, voters in California recently rejected a ballot measure that would have restored the states affirmative action policy, suggesting broad public unease with race-conscious decision-making (Cineas 2020). The school system insisted its new admissions policies are race-neutral; among other things, they noted that the panelists who evaluate applications don't even know the race of the students they . Reflections on What Makes a Policy Racist. The Sentencing Project, October 2021. Subject matter experts Gale, William G. 2021. 0:57. Race-neutral admissions have exacerbated inequality by failing to account for discrimination, structural barriers, and a lack of access to opportunity and resources that students of color routinely face, the regents said. . In 2016 in Fisher v. University of Texas, the Supreme Court in a 4-3 vote held that the schools race-conscious undergraduate admissions policy did not violate the equal protection clause. . 2020. endobj Jones, Tiffany, and Andrew Howard Nichols. The Supreme Court sided with a Virginia school board in an admissions case. endobj Review this recorded session from December 2022 to hear from experts who unpack the fall oral argumentshighlighting surprises and key points that could shape the Courts final decisions. WASHINGTON Harvard vigorously defended admissions that consider race as one factor among many in arguments before the Supreme Court on Monday. In this video, we look back at the decades-long history of affirmative . 2023 Economic Policy Institute In addition to arguing that there are race-neutral options that could be used in admissions, the plaintiffs say Harvard is using race excessively, so theyre using more race than is permissible under Grutter because Grutter wants race to be a mild factor, Forde-Mazrui said. In the Harvard case, Students for Fair Admissions also is calling for overturning Grutter v. Bollinger. endobj Tax Policy Center, November 2021. Race-conscious policies are just as important on state and local levels as on a federal level. Recent history suggests banning affirmative action will significantly reduce the number of racial minorities on campus. Critics of race-conscious admissions claim similar diversity outcomes could be met by substituting class for race. But Title VI and Supreme Court precedent impose limitations on Harvard's ability to consider race in its admissions processlimitations that Harvard has not respected. Cineas, Fabiola. passcode: access2022! Attempts to use "race-neutral" models in place of affirmative action to determine college admissions in California are likely to result in declining minority representation on most campuses, according to a new study released in a leading national education research journal by researchers at the Harvard Graduate School of Education, Boston College, and the University of Iowa. Review our issue and case briefs related to access and diversity. Wilson, Valerie, and Melat Kassa. <>/MediaBox[0 0 612 792]/Parent 63 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> William A. Darity Jr. Duke University If you look at the conservative justices, they are all likely against affirmative action. 36 0 obj Race-conscious college admissions policies are critical to enrolling underrepresented minorities including Black and Latinx students and have been upheld by the courts, says American Civil Liberties Union President Deborah Archer. Copy the code below to embed this chart on your website. . Race-neutral admissions emerged in 1995 as a significant policy issue when the Regents of the University of California (UC) adopted Resolution SP-1, prohibiting the use of race, religion, sex, color, ethnicity, or national origin in the UC admission process. Its racial egalitarianism that motivates affirmative action, in his legal opinion. The case could set an important precedent because it addresses facially neutral attempts at racial balancing, and because the school in question is currently over 70% Asian-American, and new . They noted the high court has agreed to hear a similar appeal arguing that Harvard University discriminates against Asian Americans in its admissions policy. [E]verybody would rather achieve all our racial diversity goals through race-neutral means, Associate Justice Elena Kagan said in the Harvard case. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. Many students in low-income communities simply cannot afford to attend a four-year university. endobj <>15]/P 18 0 R/Pg 45 0 R/S/Link>> For example, in the first year UC Berkeley eliminated race as a factor in its admissions, the admissions rate for Black students dropped from 50 percent to 20 percent and from 45 . But class disadvantage and racial disadvantage are distinct problems with different roots and different impacts and they require distinctive solutions. Policies that may disproportionately help communities of color are critical to building a more racially just society and economy because historically communities of color have been socially, economically, and politically disempowered. Hankivsky, Olena, and Renee Cormier. In 2006, UCLA's entering class of almost 5,000 included only 96 Black students, known on campus as the Infamous 96. During oral arguments, several justices posed questions related to race-neutral admissions, or alternatives to race-conscious enrollment practices. Have these measures proven successful? Mass Incarceration: New Jim Crow, Class War, or Both? For expert observations ahead of Mondays arguments, UVA Today reached out to Kim Forde-Mazrui, director of the Center for the Study of Race and Law at the University of Virginia School of Law. 1. Need to become up to speed on the case and its implications for your campus? The true myth of race-neutral policy is the unwillingness to acknowledge or address the racist history within our country, our economy, and our society as well as the long-standing effects that systemic racism has on communities of color. In the ensuing years, despite extraordinary efforts that included many of the targeted outreach tactics employed in California as well as a reduction in the number of students enrolled via early acceptance programs, minority enrollment fell sharply, the university claims. 2020. We must face race head-on to meaningfully address the racial inequality that persists in our society. The Case for Race-Conscious Policies. Social Mobility Memos (Brookings blog), February 4, 2016. Schools will be scrambling to do what many universities have actually already had to do, Forde-Mazrui said. Can these decisions ever be truly race-neutral? Across measures of income, wealth, employment, and health, Black women face some of the most acute disparities with white men. 2021. California, where voters banned affirmative action in 1996, has already . Consider, for example, a student's personal statement reflecting on the challenges of belonging to a particular race. Our webinars and events combine expert analysis with hands-on best practices and discussions from leaders in the field of diversity and admissions. Breadwinning Mothers Continue to be the U.S. Last updated June 3, 2021. Its not racial favoritism. Policy choices have tilted the playing field toward the rich and corporations. Here's how to tilt it back. It is the product of several years' research and collaboration with enrollment experts and higher education leaders. For example, in the first year UC Berkeley eliminated race as a factor in its admissions, the admissions rate for Black students dropped from 50 percent to 20 percent and from 45 percent to 21 percent for Latinx students. <>22]/P 18 0 R/Pg 45 0 R/S/Link>> Several public universities already employ race-neutral admissions practices. Racial Representation in Professional Occupations: By the Numbers. Economic Policy Institute, June 2021. Evaluate how your institution can continually improve, focusing on, among other things, strategic plans and progress benchmarks. endobj Bollinger, 539 U.S. 306 (2003), and hold that institutions of higher education cannot use race as a factor in admissions," and (2) whether Harvard and UNC's race-based admissions policies satisfy the demanding strict-scrutiny standard established by Grutter and its progeny. Were a cross-disciplinary group of education professionals and organizations dedicated to upholding the principles of equitable access to higher educationand promoting diversity on campus. According to a 2020 Wall Street Journal report, 56% of the nation's top 250 institutions considered legacy in their . Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity. American Civil Liberties Union, December 1, 2020. Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. Professor Kim Forde-Mazrui directs the Center for the Study of Race and Law. He cites a 2016 Gallup poll in which 63% of Americans opposed colleges using race in admissions decisions while 61% of them favored the consideration of economic circumstances. Under the new admissions policy at Thomas Jefferson, the entering freshman class would be 54% Asian, 22% white, 11% Latino and 7% Black, the board said. 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