Good riddance: Supreme Court is right to say racial preferences violate equal protection
Jack Elbaum
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On Thursday morning, the Supreme Court recognized what we already knew: Penalizing people based on the color of their skin is wrong. Moreover, it is in clear violation of the Constitution. In a 6-3 decision, the court held that “Harvard’s and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment.”
Chief Justice John Roberts handed down the opinion of the court, writing, “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. 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.”
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There was ample evidence presented demonstrating that Asian Americans are disadvantaged in the admissions process. For example, a chart compiled by the group that brought the lawsuit revealed that “an Asian American in the fourth-lowest [academic] decile has virtually no chance of being admitted to Harvard (0.9%); but an African American in that decile has a higher chance at admission (12.8%) than an Asian American in the top decile (12.7%).”
Moreover, Asian Americans were the only racial group to have a lower likelihood of admission in every single academic decile relative to “all applicants.”
Other significant evidence, unrelated to the case itself, showed that Asian Americans must score 140 points higher than white people, 270 points higher than Hispanic people, and 450 points higher than black people to have the same odds of admission to universities — just because of their race. Is that fair? Of course not.
This is sure to create a firestorm among Democratic elites. However, for most of the country, it represents a commonsense and just ruling. After all, the majority of people oppose using race as a factor in admissions. The most recent poll from Pew Research showed 82% of people do not favor affirmative action, including 84% of white people, 81% of Hispanic people, 76% of Asian people, and 71% of black people. Other polls have shown majorities of both parties agree.
The reason for this is simple: So much of history has been dedicated to moving past, and putting behind us, policies based on race. Therefore, it makes many uncomfortable for a policy to disadvantage a racial group on no other basis than their race so clearly.
In this case, the court is absolutely correct. Of course, the equal protection clause protects members of racial groups from racial discrimination. It is good the law recognizes that.
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Jack Elbaum is a summer 2023 Washington Examiner fellow.