July 2, 2023

The Supreme Court's Latest Decisions on Affirmative Action

Hello Reader,

I hope this finds you well. Happy July! This month our theme is the academic record and college admissions, but today I will take time off that to respond to the Supreme Court's decisions on affirmative action this past week.

The court released rulings that outlawed the use of race as a factor in college admissions, thereby overturning 40 years of precedence. These decisions were made in response to cases brought against Harvard and University of North Carolina, Chapel Hill by a group called Students for Fair Admissions. The group alleged that considering race as a factor in college admissions discriminated against Asian Americans. I wrote about this in more detail in January, including about the case that set the precedent that has now been overturned, and what this could mean for college admissions going forward.

As a political scientist I have a lot to say on this issue, but I will keep this brief and provide guidance on the way forward for parents and prospective students.

First, it is important to dispel the misconception surrounding affirmative action. Contrary to the political arguments arising in the wake of these cases, affirmative action does not result in the admission of unqualified individuals based solely on their race. Instead, it aims to rectify historical systemic racism by providing opportunities to qualified racial minorities who have been historically excluded from esteemed higher education institutions.

Second, it is worth noting that using Asian Americans as the face of these lawsuits not only overlooks their own history of discrimination but also perpetuates the model minority stereotype and fuels a divisive "oppression Olympics" narrative that pits Asian Americans against other people of color. It also belies the anti-non-white-other sentiments at the root of these cases. Justice Jackson, in her dissent in the UNC case, aptly stated that color blindness by legal fiat does not erase the fact that racial discrimination still persists in American society.

Third, while the court's decisions may present challenges, I am confident that the majority of U.S. colleges and universities will find a way to comply with the new order while upholding their commitment to diversity and expanding educational opportunities for all students. These institutions will continue to strive to reflect the communities they serve, and ensure a fair and inclusive admissions process.

Fourth, it is essential to acknowledge that the immediate effect of the Supreme Court's decision may be a chilling effect, wherein minority applicants may self-censor and refrain from applying to elite institutions due to fear of rejection. Therefore, I want to emphasize to racial minority applicants that they should not let this decision deter them from pursuing their desired colleges. As part of the College Fully Funded program and GradSchool Fully Funded program, I will be advising students to focus on building balanced college and graduate school lists and following our principles to present themselves as strong candidates, regardless of their race. This approach will maximize their chances of admission to their preferred colleges with full funding, thereby reducing the burden of student debt.

Lastly, it is crucial to recognize that affirmative action already exists in college admissions for all kinds of people with privilege, whether it be based on whiteness, wealth, legacy (through family connections) or a combination of these as is often the case. We generally take for granted the admission of students whose parents or grandparents attended a particular elite institution or who have made substantial donations as acceptable, while questioning and fighting over the eligibility of otherwise qualified first-generation applicants of color as equally deserving a spot at said elite institution. It is important to challenge these biases and advocate for equal opportunities for all.

In conclusion, while the recent court decisions have brought about changes in affirmative action policies, it is imperative that we forge ahead and support aspiring students from all backgrounds.

Here at the National Center for Higher Education Access, we remain resolute in our mission to democratize access to U.S. higher education especially for those historically excluded: first-generation, black, indigenous, people of color (BIPOC), immigrant, students from developing nations. We will continue to do what we do best to make sure that we educate families about how to get into college with full funding and avoid debt, and to do so at an affordable price.

To college fully funded,

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Dr. Faith Okpotor

Founder and CEO, National Center for Higher Education Access

Award-winning academic and tenured professor

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