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Supreme Court strikes down college affirmative action programs

Supreme Court strikes down college affirmative action programs

NBC News by NBC News
Jun 29, 2023 12:31 pm EDT
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WASHINGTON — The Supreme Court on Thursday struck down affirmative action programs at the University of North Carolina and Harvard in a major victory for conservative activists, ending the systematic consideration of race in the admissions process.

The court ruled that both programs violate the Equal Protection Clause of the Constitution and are therefore unlawful. The vote was 6-3 in the UNC case and 6-2 in the Harvard case, in which liberal Justice Ketanji Brown Jackson was recused.

The decision was hailed by prominent conservatives, who say the Constitution should be “colorblind,” with former President Donald Trump calling the ruling “a great day for America.”

The decision was condemned by liberals who argue that affirmative action is a key tool for remedying historic race discrimination.

“It wasn’t perfect, but there’s no doubt that it helped offer new ladders of opportunity for those who, throughout our history, have too often been denied a chance to show how fast they can climb,” said former first lady Michelle Obama, the first Black woman in that role.

The court effectively overturned the 2003 ruling Grutter v. Bollinger, in which the court said race could be considered as a factor in the admissions process because universities had a compelling interest in maintaining diverse campuses. In doing so the court scrapped decades of precedent including one ruling dating to 1978 that upheld a limited consideration of race in university admissions as a way to combat historic discrimination against Black people and other minorities.

In the majority opinion, Chief Justice John Roberts did not explicitly say that the former precedents were overruled, but in a concurring opinion conservative Justice Clarence Thomas, only the second Black justice to serve on the court, said that the Grutter case was “for all intents and purposes, overruled.”

Roberts wrote that both programs “lack sufficiently focused and measurable objectives warranting the use of race, unavoidably…

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