Supreme Court Decision Marked The End Of Affirmative Action

Last week’s Supreme Court decision marked the end of affirmative action which had been a part of college admissions since 1978, leaving students and families wondering how the change will affect the admissions landscape. In today’s post, we’ll offer some perspective and practical guidance as we move into the next application cycle.

Context

While the ban on affirmative action is applicable to all 50 states, it’s important to note that many states – including California, Michigan, and Florida – had previously ended affirmative action in higher education admissions, some over two decades ago. Although many view this current court decision as overturning settled law, this was, in fact, never truly settled law. Rather, affirmative action was justified by colleges that decades ago had strong reasons and rationale to use it. It’s been 20 years since the last seminal affirmative action case (Grutter v. Bollinger), when Justice Sandra Day O’Connor wrote: “We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.”

Despite legal changes, institutions and students continue to value diversity. In response to last week’s decision, many colleges issued statements reaffirming their commitment to diversity. Washington University in St. Louis, for instance, noted that in addition to examining its admissions policies, it is “committed to ensuring a diverse student body because it’s who we are and who we want to be.” A recent Niche survey of college-bound high school seniors found that “diversity remained the most important community factor to the Class of 2022.”

Prior to the decision, students had always been invited to share information about themselves, primarily through application essays, including information about their racial backgrounds. This information can be shared through the personal statement (where the student may choose a prompt about background/identity) or through a college’s own short written responses. Tufts University’s wording for one of its “supplemental" essay choices asks the applicant, “How have the environments or experiences of your upbringing – your family, home, neighbourhood, or community – shaped the person you are today?” The ban on affirmative action does not prevent applicants from sharing information about their race in their essays, with Chief Justice Roberts noting that "...nothing in this opinion should be construed as prohibiting universities from considering an applicant's discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise." Also, Common App has indicated that they will not remove the demographics questions, including the optional one inviting students to identify their race/ethnicity, but will allow colleges to hide this information on their end.

What’s more, this ruling will likely impact only a small number of highly selective universities (those with admit rates of under 20%), according to a recent analysis by Audrey Williams June and Jacquelyn Elias in The Chronicle of Higher Education. While colleges will review their admissions processes and make changes as needed, they can still recruit and support first-generation students and those who come from low-income backgrounds.

Next steps for applicants

As we move into the 2023-2024 admission cycle, continue to focus on elements within your control: strong courses, grades, and test scores, accompanied by well-written essays and an activity list showcasing your accomplishments and leadership qualities. If you would like to share a story from your background, you’re encouraged to utilize the essay portion of the application to do so. Additionally, the activities section provides another chance for applicants to demonstrate diversity, equity, inclusion, and engagement. Students may still share what they wish about their identities; colleges will ultimately determine how this information is used in compliance with the law.

Ultimately, the Supreme Court’s ruling impacts what goes on behind the scenes during the admissions cycle, very little of which is within an applicant’s control. Continue to share your stories, trusting that colleges and universities remain committed to fostering diversity in their communities.

Coming as it does at the start of a new college application year, the Court’s decision may raise concerns among applicants. We’re here to help you understand the decision’s ramifications, offering guidance as questions arise and supporting you throughout the entire college application process.