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Advancing Diversity in Higher Education: What's Next Following SCOTUS Decision

Lia Epperson and Sara Clarke Kaplan Look at What the Decision Says, Does Not Say, Precedent, and What it Means for Other Ways to Promote Diversity 

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In a university-wide discussion last week, American University Washington College of Law Professor Lia Epperson and Sara Clarke Kaplan, executive director of American University’s Antiracist Research and Policy Center, delved into the implications and future steps following the Supreme Court’s affirmative action decision. Their conversation also addressed the challenges posed by the decision and explored strategies and opportunities for advancing diversity within student populations. Leading the dialogue as the moderator was AUWCL Dean Roger Fairfax. 

In the cases of Students for Fair Admissions Inc. v. University of North Carolina, and Students for Fair Admissions Inc. v. President and Fellows of Harvard College, the issue at hand is the consideration of race as a determining factor in college admissions, affecting not only public universities but also private universities receiving federal funding. In a 6-3 ruling, the Supreme Court concluded that race-based affirmative action programs in college admissions processes violate the Equal Protection Clause of the 14th amendment.    

Epperson pointed out that in precedent, the Supreme Court consistently held that race can be one of several factors in a holistic admissions process.  

“What is noteworthy is that in this case, in 2023, they completely upended 40 years of precedent,” Epperson said. “They have overturned the admissions policies at both Harvard and UNC.” 

Epperson added that the court made it clear that universities should be free to follow their mission.  

“I think when we’re talking about what the decision means for colleges and universities, the court was clear,” she said. “The majority of the court was very clear that universities are free to follow their missions, which quite frankly, for many, if not most, colleges and universities in 2023, includes a mission of ensuring that these pathways to opportunity are open and accessible to all people.” 

Epperson also highlighted what the opinions do not say, noting that the opinions do not address actions that colleges and universities may take outside of the admissions process.  

Kaplan discussed the path forward and addressed concerns.  

“People read the decision not for what it says, but for what it might lead to,” she said. “They look so far down the road at the case that might happen that they become so risk averse to getting sued or to having to get their policies tested, that things start getting taken off the table.” 

Kaplan emphasized that there are still legitimate ways to consider race, underscoring the importance of colleges and universities collecting applicant race data.  

~Story by Liz Newton.