The cross : What caused the Supreme Court of the United States to put an end, Thursday, June 29, affirmative action programs at university?
Esther Cyna : It all started with a lawsuit brought by a group of students who judged that the use of the mechanisms ofAffirmative Action, which is translated by positive discrimination, in universities like Harvard or the University of North Carolina were discrimination against white or Asian people. Six justices of the Supreme Court, currently very conservative, have decided that taking racial background into account for admission to universities is unconstitutional. This subject has already come before the Court several times, but this time its composition was fertile ground for a more conservative position.
Contrary to the end of the federal protection of abortion, a right to which public opinion is favourable, several studies show that a majority of Americans are opposed to these policies of positive discrimination. I think this public opinion is linked to a misunderstanding of the policies in question, which are often caricatured in “because you are black or Latino, you can go to university more easily”. In reality, they rather respond to the observation that white populations have certain advantages, such as better access to private lessons or extracurricular activities. They try to weight these factors so that disadvantaged populations are not also disadvantaged when it comes to accessing higher education.
Why was positive discrimination implemented and how widespread was it?
E. C. : These measures were put in place in the 1960s, during the civil rights movement, in an attempt to compensate for centuries of institutional racism. It was a request from many groups, and it still is from some activists like those of Black Lives Matter who are asking for a reduction or even the cancellation of tuition fees for black people.
Many universities had affirmative action policies in place, but as the vast majority are private universities, they do what they want. These measures are by no means extended to all higher education establishments, far from it. The example of Harvard, precisely targeted in the lawsuit, is particularly telling because it is probably the most famous university in the country, but as in the other establishments of the Ivy League (group of the eight oldest and most prestigious private universities in the United States, editor’s note), positive discrimination is only one selection factor among hundreds. It is not the prime factor.
What reaction can we expect from Joe Biden and the Democrats?
E. C. : The American president was very clear. He opposed the ruling, said the Supreme Court was not a court ” normal “, and recalled that racial discrimination still existed in society. The Court’s judgment explained that positive discrimination was no longer necessary since many problems had been settled. As public opinion is not totally in favor of these policies, I think that the reactions will not be very strong.
Universities, on the other hand, should take a stand. Harvard has already communicated on this subject by announcing that it will take racial background into account in other ways. Many universities will stop for fear of being sued, which is very expensive in the United States. It is the most prestigious and well-endowed universities that will continue to do so, but certainly not in the same way.
2023-06-30 16:24:09
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