Monday, November 16, 2020

What Biden’s Win Means for Affirmative Action Lawsuits

 

In recent years, the debate over college admissions and affirmative action has become increasingly contentious. Progressives argue that affirmative action is necessary for preserving racial diversity in America’s higher-education institutions. On the other hand, conservatives see affirmative action as a discriminatory policy that unfairly benefits certain races while disadvantaging others. Over the last four years, the Trump administration in particular has expressed a desire to eliminate affirmative action, focusing on university admissions-related discrimination as a prominent issue on their political agenda.

On Thursday, November 12, a federal appeals court ruled that Harvard’s admissions process was within civil rights law and did not discriminate against Asian-Americans. The case was brought by an anti-affirmative-action advocacy group named Students for Fair Admissions (SFFA) with the support of the federal government. With this most recent development, the case is set to go to the Supreme Court. A majority of legal experts believe that the Supreme Court will agree to hear the case, especially since it frames affirmative action in the context of Asian-American rights, as opposed to cases that have historically claimed discrimination against white students. If the case does make it to the Supreme Court, the 6-3 conservative majority (including Justices Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch, all appointed by Trump) means existing affirmative action policies will likely be significantly limited.

Biden’s presidential win is unlikely to affect how the Supreme Court will vote. However, there are other methods for his administration to influence the ongoing legal battle. In addition to the case against Harvard, the Trump administration has backed several other lawsuits brought by SFFA against various institutions. On October 8, the Trump administration also sued Yale University over its admissions policies directly through the Department of Justice. Once the transition of power is complete, Biden’s administration will likely withdraw federal support from the SFFA cases and drop the case against Yale entirely. However, that is far from a guarantee that the cases will not reach the Supreme Court. Since SFFA is a private organization, their cases will still exist even without federal support. In the Yale case, SFFA has already filed a motion to intervene. If the court grants this motion, even if Biden’s Department of Justice were to drop the case, SFFA would be able to continue it.

Ultimately, though Biden has options to preserve affirmative action, they seem to be too little too late. The real decision rests on America’s judicial system, and especially the nine justices of the Supreme Court. 


Links:

NYT

NYT 2

Yale Daily News

Washington Post

CS Monitor

2 comments:

Anonymous said...

I think that affirmative action is important to the future of the US because as the US becomes more diverse, we need to offer more opportunities to a larger and broader spectrum of people who we wouldn't have offered to before. While I do understand the concerns from Conservatives about affirmative action being discriminatory, it has been shown that affirmative action does not take away education from people who would have gotten it anyways, as it is designed to create more opportunities for people. We can see this in the case you mentioned above, where it was shown that Harvard's Admission process did not discriminate against Asian Americans. The supreme court will probably decide to limit affirmative action, which will likely be a mistake, but since our court is majority conservative there is almost no doubt which way they will vote. You are right about Biden not being able to do much about Affirmative action, and the fact that it lies in the very biased Supreme court right now is scary. Thank you so much for sharing!

Kayla Li said...

Affirmative action is an important mechanism to allow students of lower income and racial minority groups to achieve not only higher education but also working opportunities in order to combat historical oppression and discrimination. Many who oppose affirmative action, however, claim that by considering race, gender, and ethnicity as a factor of admissions, we are wrongfully discriminating against other individuals. While Eric focused a lot on how the Supreme Court can place restrictions on affirmative action, there have already been state efforts such as California's Prop 16 that aim to establish affirmative action by overturning an amendment. Granted, the proposition did fail but being a generally more liberal state, California is representative of the more progressive attitude towards affirmative action.