After Affirmative Action

The Supreme Court is expected to rule racial preferences in college admissions are unconstitutional. How will that change american schools and society?

- By Steve Friess

For some time now, it has been a foregone conclusion among most observers that the U.S. Supreme Court is poised by next summer to end the practice by colleges and universities of using race as a factor in admissions. Still, the intensity and occasional hostility with which the court’s conservative majority grilled proponents of affirmative action at oral arguments on October 31 in two soon-to-be-landmark cases left its supporters pondering a previously unthinkable question: Will any approach to leveling the field for disadvantaged minorities be left come June, when the justices are expected to render their decision?

If the court determines that any benefit or preference based on race is unconstitutional, the impact would radiate far beyond elite colleges. Supporters fear and opponents hope that the court could gut a half century of programs and laws designed to help groups that have historically faced racial discrimination in the U.S. level the playing field, giving them greater access to education that might improve job opportunities and economic equality. At risk beyond preferences in college admissions: Government programs that require a certain percentage of contracts go to minority-owned companies. Scholarships and financial aid based on race or ethnicity. Hiring practices at private companies aimed at recruiting underrepresented groups. Race-specific outreach by social services agencies. Even hate crime laws could be in peril.