Schools illegally used racial preferences for students

By Katelynn Richardson
Daily Caller News Foundation
The Supreme Court ruled Thursday to block affirmative action in two closely watched lawsuits against Harvard and the University of North Carolina (UNC).
The cases, initially brought by a coalition of students, prospective applicants and their parents in 2014, challenged the universities’ use of racial preferences during the admissions process.
“Harvard’s and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment,” the Supreme Court ruled in a 6-3 decision in the UNC case and a 6-2 decision in the Harvard case, which Justice Ketanji Brown Jackson recused herself from.
Chief Justice John Roberts wrote the majority opinion, joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
“A benefit to a student who overcame racial discrimination, for example, must be tied to that student’s courage and determination,” Roberts wrote. “In otherwords, the student must be treated based on his or her experiences as an individual—not on the basis of race.”
“Many universities have for too long done just the opposite,” he continued. “And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”
The court overruled its 2003 decision in Grutter v. Bollinger, which held that race could be a factor in the admissions process.
Justices Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan dissented.