How can we truly claim to have a democracy for all when we recklessly discard one of the few mechanisms in place to safeguard the representation that our democracy desperately needs?
On June 29th, 2023, in the case of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court overturned a long-standing pillar of progress: affirmative action. Affirmative action, a policy designed to address historical imbalances and promote diversity, has been a vital tool in leveling the playing field for marginalized communities. It has sought to dismantle systemic barriers that have hindered opportunities for individuals based on race, ethnicity, and other protected characteristics. For decades, it has been a beacon of hope for those striving for equal access to education and employment, aiming to create a more just and inclusive society. Affirmative action is a central mechanism to our collective progress as a democracy. This landmark decision by the Supreme Court threatens to erode the foundation of progress that has been painstakingly built over the years.
By dismantling affirmative action, the Supreme Court has set in motion a disastrous ripple effect which will have far-reaching implications beyond academia. Without these policies in place, the progress made toward leveling the playing field will stagnate, exacerbating existing disparities and hindering the advancement of communities that sit at the margin of our society.
The majority opinion sought to show colleges in the US that being colorblind is a fast-track solution to solving racism. While some commend this decision, the pressure that this mounts on Non-Asian minorities, around the country and around the world, have effects that the court did not account for. Instead of Affirmative Action based on background or socio-economic properties, they chose to gut a vital process of its ability to enshrine diversity within higher-education institutions in the US.
Many believe that Asian-Americans will benefit from the retraction of Affirmative Action. The original decision to not include Asian-Americans while considering minorities for Affirmative Action was based on the model minority stereotype; however, what the June 29th decision staunchly bolsters is that same idea. Asian-Americans are perceived as the model minority in the US, based on socio-economic factors, education level, and more. With the removal of Affirmative Action, there will be swaths of Asian-Americans applying to colleges with the same qualifications, having an inversely proportionate effect on how many are actually enrolled.
In overturning affirmative action, the Supreme Court begs to erode the foundational principles of democracy, which,at its core, thrives on the idea of equal representation and fair treatment for all citizens. By removing affirmative action, a pillar of equality, we have set into motion the perpetuation of the unequal distribution of resources, opportunities, and power, undermining the democratic ideals that our societies once held dear. Without these policies in place, the progress made toward leveling the playing field will stagnate, exacerbating existing disparities and hindering the advancement of communities that sit at the margin of our society.
The Supreme Court has set in motion a disastrous ripple effect which will have far-reaching implications beyond immediate outcomes. The dismantling of affirmative action will perpetuate cycles of exclusion and inequalities within our society. This ruling begs the question, how can individuals who have been directly impacted by this abusive judicial power be asked to believe in the democratic process itself as it exists in this country?
The essence of democracy lies in embracing diverse perspectives and providing a platform for voices from all walks of life. Affirmative action has been a critical step toward ensuring this inclusivity, enabling individuals from underrepresented backgrounds to contribute to the collective discourse. Overturning it risks silencing these voices and creating an environment where power is concentrated in the hands of the privileged few.
In our history, there are moments that resonate with infamy, forever etching their names into the collective memory of a nation. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, will undoubtedly be enshrined alongside Plessy v. Ferguson and Roe v. Wade. This case serves as a stark reminder of the racist and patriarchal forces that have plagued our nation for nearly 247 years, but it also highlights the dangerous implications of an excessively powerful judiciary on our democratic system. When courts wield unchecked authority, they pose a grave threat to the principles of self-governance and collective representation that our democracy strives to uphold.
Higher education has been endemically segregated so race always has and will continue to play a large factor. California voters voted against affirmative action in 1966, making all of the University of California (UC) schools unable to use race as a factor in the admissions process. Since 1966, Black, Latino, and Native American enrollment has dropped significantly at the UC’s, proving that the removal of affirmative action did not indeed help the racial diversity of the school.
The ripple effect will only continue out of higher education. Title VII of the Civil Rights Act of 1964 protects employment discrimination on the basis of race, color, religion, sex, and national origin. Overturning affirmative action will only cause the failure of diversity to perpetuate into our workforce. This decision has a high probability of leading to future problems, as employers will begin to use the precedent set by this case to alter and disband racial programs implemented to educate and diversify their workplace.
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Dobbs v Jackson Women’s Health Organization severely weakened the 14th Amendment’s Equal Protection clause, to an extent where decisions based on that clause are all at risk. The Equal Protection Clause reads as follows: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” What this essentially means is that the law must not discriminate against any people. June 29th’s decision severely weakened this to an extent where all minorities are now being adversely affected during their college admission cycle, based upon one factor: their race.
To truly uphold the democratic ideals that are so foundational to our country, we must recognize that affirmative action is not a threat but a necessary mechanism for progress. By affirming equal opportunities for all, we foster a society that embraces diversity, encourages social mobility, and strengthens the very foundations upon which our democracy stands. To deny affirmative action is to deny true democracy.
This article was a collaborative effort made by Liz Hahn (Education & Advocacy), Ishana Bandyopadhyay (President), Neil Sairam (Finance Director)
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