Big universities work to continue racist admissions practices despite SCOTUS ruling prohibiting it

“The fear of litigation is real.”

“The fear of litigation is real.”

Colleges and universities around the country are attempting to find ways to circumvent last month’s Supreme Court ruling that bans affirmative action during the application process. 

The Wall Street Journal reported that institutions are reconsidering what information they ask for during the application process, and even which words to use in order to draw out specific details about an applicant.

While the Supreme Court ruling against affirmative action has taken place, it appears institutions are still trying to find ways to implement racist practices. Schools are trying to come up with new ways to scout for potential students, including how applications get filed and where to look for said students.

The report noted these institutions are having to move fast, as most applications open at the beginning of August.

The Supreme Court ruling stated that schools could no longer take race into account when assessing applicants or prioritize applicants based on race. However, Chief Justice John Roberts said school applications could still discuss how race may have affected an applicant, writing that “so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.”

A handful of universities across the country have noted they are still adjusting essay questions in light of the recent ruling. They are reportedly still working on getting the exact language down. 

The schools currently doing this are Colorado College, Hampshire College, Lehigh University, and Rice University. 

Sarah Lawrence College in Bronxville, NY, has decided to use Roberts’ own words in the construction of its new essay prompt. “Drawing upon examples from your life, a quality of your character, and/or a unique ability you possess, describe how you believe your goals for a college education might be impacted, influenced, or affected by the Court’s decision.”

Dan Warner, Lehigh’s vice provost for admissions and financial aid, said that “the idea is to provide a vehicle for students of all backgrounds and all contexts to feel as though they can tell their story in a way that the rest of the application might not allow them to do."

The WSJ reportedly requested information from “50 selective colleges and universities” about what changes they plan to implement into their application process, fall recruiting calendars, and any other elements that may play into the application process. The report also noted that they have inquired about the “use of binding early-decision programs and the practice of giving extra credit to athletes or children of alums," so-called legacy admissions.

Of the 50 schools, 35 said that they were not prepared to discuss application plans in light of the recent ruling. There were also a few who were reportedly advised by legal counsel not to publicly make known potential changes.

Art Coleman, managing partner and co-founder of EducationCounsel, a legal and policy consulting firm that works with schools, said that the court didn’t make known to what extent race could still be used in application processes.

“You open the door and you’re stepping into blank space,” he said. “The fear of litigation is real.”


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