UC Law Journal of Race and Economic Justice
Abstract
On June 29, 2023, the United States Supreme Court held in two related cases that race-based affirmative action in college admissions is unconstitutional, because it violates the Equal Protection Clause of the 14th Amendment. What is next in (higher) education after the Supreme Court’s rulings in two related cases brought by Students for Fair Admissions? The decisions may dramatically transform college admissions and even how universities think about allocating their resources and about their role in a democratic society. Even now, the Court’s holdings are rippling past highly selective college campuses to corporate boardrooms, non-profits, and state legislatures.
Despite the Court banning race-based affirmative action in college admissions, new empirical analysis of a novel big data set demonstrates that Asian American applicants to highly selective colleges are 28% less likely to be admitted than white students with similar standardized test scores, high school GPAs, and extracurricular activities. This Asian American admissions penalty is primarily due to legacy admissions and preferences for geographical balance. This Essay advocates that highly selective colleges end legacy admissions to diversify America’s economic, political, and social leadership. This Essay also advocates ending the recruiting of athletes in such elite sports as fencing, rowing, sailing, and water polo. This Essay suggests ending the practice of early decision. This Essay also endorses effectively cloning highly selective colleges. Finally, this Essay offers practical and pragmatic answers to questions about how to change education for the better.
Recommended Citation
Anna Gorman-Huang and Peter Henry Huang,
After the Demise of Affirmative Action, Ensuring Equitable Access to Educational Opportunities,
21 Hastings Race & Poverty L.J. 123
(2024).
Available at: https://repository.uclawsf.edu/hastings_race_poverty_law_journal/vol21/iss1/5