OPINION: Supreme Court puts universities on notice, but missed an opportunity
In 2003, the Supreme Court decided Grutter v. Bollinger, holding that universities can consider race in admission decisions to build student body diversity. that flow from" racial diversity, which — according to the court — promotes"cross-racial understanding" and combats racial stereotypes"because nonminority students learn there is no ‘minority viewpoint.
Grutter also declined to resolve how much diversity is enough diversity. Universities can discriminate until they reach a mystical"critical mass" of racial minorities. Once again, courtsGrutter’s presumption of"good faith" is an unsettling echo of Plessy v.
For example, an Asian American student in the highest tier of academic performance has less chance at Harvard admission than an African American in the fourth-lowest tier. An African American student in the top tier has well over a 50% chance of admission, while an Asian American in the same tier has about a 10% chance. North Carolina is similar.
If courts do begin to take Grutter more seriously, as Thursday’s decision does, we could see universities slink toward more covert methods, such as proxy discrimination — where schools adopt"neutral" methods such as zip code quotas with the intent to discriminate. This is already happening in admission-only K-12 schools.
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