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IBHE responds to US Supreme Court: “This ruling is an attack on people of color”

Thursday, Jun 29, 2023 - Posted by Rich Miller

* The ruling is here. From the Washington Post

The Supreme Court on Thursday held that admissions programs at Harvard and the University of North Carolina that relied in part on racial considerations violate the Constitution’s guarantee of equal protection, a historic ruling that will force a dramatic change in how the nation’s private and public universities select their students.

The votes split along ideological grounds, with Chief Justice John G. Roberts Jr. writing for the conservative members in the majority, and the liberals dissenting.

“The student must be treated based on his or her experiences as an individual — not on the basis of race,” Roberts wrote. “Many universities have for too long done just the opposite. And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.” […]

In dissent on Thursday, Justice Sonia Sotomayor wrote that it is is “a disturbing feature of today’s decision that the Court does not even attempt to make the extraordinary showing required” to reverse precedent.

Sotomayor has said her own life is an example of how affirmative action programs can work. In her 69-page dissent, she wrote: “Equal educational opportunity is a prerequisite to achieving racial equality in our Nation.” […]

In his concurring opinion, [Justice Clarence Thomas] directly engaged with Jackson, one of the court’s most liberal members, and the only other Black justice. In Jackson’s view, “almost all of life’s outcomes may be unhesitatingly ascribed to race,” Thomas wrote.

Jackson’s reply to Thomas

JUSTICE THOMAS’s prolonged attack responds to a dissent I did not write in order to assail an admissions program that is not the one UNC has crafted. He does not dispute any historical or present fact about the origins and continued existence of race-based disparity (nor could he), yet is somehow persuaded that these realities have no bearing on a fair assessment of “individual achievement.” JUSTICE THOMAS’s opinion also demonstrates an obsession with race consciousness that far outstrips my or UNC’s holistic understanding that race can be a factor that affects applicants’ unique life experiences. How else can one explain his detection of “an organizing principle based on race,” a claim that our society is “fundamentally racist,” and a desire for Black “victimhood” or racial “silo[s],” in this dissent’s approval of an admissions program that advances all Americans’ shared pursuit of true equality by treating race “on par with” other aspects of identity? JUSTICE THOMAS ignites too many more straw men to list, or fully extinguish, here. The takeaway is that those who demand that no one think about race (a classic pink-elephant paradox) refuse to see, much less solve for, the elephant in the room— the race-linked disparities that continue to impede achievement of our great Nation’s full potential. Worse still, by insisting that obvious truths be ignored, they prevent our problem-solving institutions from directly addressing the real import and impact of “social racism” and “government-imposed racism,” thereby deterring our collective progression toward becoming a society where race no longer matters.

“Pink-elephant paradox” is explained here.

* On to local react. From the Illinois Board of Higher Education…

IBHE Statement on Supreme Court of the United States Decision to End Affirmative Action

Today, the Supreme Court of the United States issued a ruling limiting how universities consider race into their admissions decisions.

This ruling is an attack on people of color, particularly Black people, who face discrimination through multiple facets of American society. Affirmative action already was not a robust solution - it was merely a tool that intended to chip away at an enormous obstacle. It is disheartening to know that there are people intent on stifling racial equity at a time when we should all be working together to break down barriers because that is the right thing to do. A college education is one of the leading predictors for getting out of poverty, and this decision by the Supreme Court will negatively impact people of color seeking economic mobility – something that already seems out of reach – for generations to come.

The Illinois Board of Higher Education (IBHE) and our colleges and universities are committed to continue fighting to close equity gaps for Black, Latino, low-income, working adults and rural students, and we will continue working to make college more affordable. Our work toward an equitable higher education system will continue unabated because diverse and inclusive campuses and student bodies are critical to developing a well-rounded understanding of the world we live in and those with whom we share it. And we will continue to champion equity in the state’s higher education system because it is essential to Illinois’ economic growth.

* Rep. Niemerg…


This post will undoubtedly be updated.

…Adding… Gov. JB Pritzker…

The Supreme Court’s decision to overturn Affirmative Action is a travesty — reversing nearly 45 years of precedent that advances equity throughout our country’s higher education institutions.

The damage caused to Black communities by slavery and Jim Crow Laws, to Hispanics and Native Americans by a legacy of discrimination and oppression has not nearly been reversed. For centuries, students from historically underrepresented and underserved communities were locked out of higher education — preventing upward mobility and stunting economic development for generations to come. Affirmative action admissions practices were a critical step towards creating educational environments that are representative of our diverse nation, while righting the wrongs of our past.

This decision only sets us back.

But here in the Land of Lincoln and Obama, we will continue to uplift our students of color — promoting inclusion and expanding access through record-levels of funding for higher education institutions and our MAP Grant Program, so that every student has the opportunity to earn a degree.

To students of color throughout the Land of Lincoln and the entire United States: you belong in our institutions. And no archaic ruling will ever change that.

* LG Stratton…

We cannot go back in the journey for justice and opportunity for all. Today’s decision by the U.S. Supreme Court to revoke affirmative action in college admissions is a step in the wrong direction, placing thousands of students at risk of discrimination in the pursuit of a bright future.

This is nothing short of an attempt to resegregate higher education. To succeed in our society, a diverse student body must be a part of our institutions of higher learning. Affirmative action has been an academic lifeline for decades that paved an equitable path into higher education for Black and Brown communities across the country. Diverse voices belong in our future, and they deserve support in overcoming barriers propped up by a history of systemic racism.

In Illinois, we believe in a vision of an education system that is fair, just, and uplifts all. From investing in scholarships for educators from underrepresented communities so students can learn from people who look like them and understand their experiences, to increasing state funding for MAP grants so even more can access an affordable education, our administration will continue to create and expand pathways to academic access.

We are proud of our diversity because we know it makes us stronger. Today’s decision does not represent who we are in Illinois, and we are committed to advocating for our students who are seeking a brighter future across our state.

* Speaker Welch…

“Once again, this Supreme Court has cast aside decades of precedent. Once again, this Supreme Court is targeting marginalized populations. And once again, this Supreme Court is telling a generation of young people that they will have fewer opportunities than generations before them.

“Today’s decision is not only out of touch with the majority of people in this country, but it erodes the very foundation of our democracy. Turning a blind eye to systemic inequities will not end racial exclusion, it will perpetuate it. That’s why, once again, Illinois must resolve to move in a fundamentally better direction. As we evaluate the new framework this Court has imposed, we will work to ensure everyone in our state has access to a world-class education and the opportunity to pursue their dreams.”

* Partnership for College Completion…

In the wake of the United States Supreme Court’s decision to strike down affirmative action through cases Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina in a 6-2 and 6-3 ruling respectively, the Partnership for College Completion (PCC) remains committed to ensuring racial equity is at the forefront of the work we do in higher education and urges bold action from legislators and institutional stakeholders in the wake of this decision that turns its back on enduring racial inequities within our higher education institutions.

“Simply put, the Supreme Court’s decision to strike down affirmative action is a step back and will hurt students of color, Black students in particular, who have worked hard to gain access to places of higher learning across our country,” Director of Policy and Advocacy Christian Perry said. “The Partnership urges lawmakers, advocates, and institutions to speak out against this decision and not allow it to hinder our efforts to increase racial and socioeconomic diversity through admissions and financial aid processes, as well as on campus once students are enrolled.”

While affirmative action alone was never enough to dismantle all barriers students of color face in accessing higher education, it was a crucial factor for institutions to consider in admissions decisions and was upheld in a number of cases, including as recently as 2016. As college access and degree completion disparities remain significant between white students and students of color, we must continue to push our institutions and leaders to urgently use every available opportunity to correct these wrongs, even now that the affirmative action decision will add one more obstacle to equity.

“We don’t have to let an unjust ruling from the Supreme Court determine how we serve our students – we can still transform our institutions to be more racially equitable and representative of the population of our state and nation. From admissions to degree completion, let’s use this moment to work with state policymakers to give institutions the tools they need to create better policies to ensure all of our students can not only access higher education but also obtain their degrees,” Perry said.

In the wake of this decision to strike down decades of precedent, institutions, and lawmakers will need to be thoughtful in order to maintain and increase racial diversity on our college campuses.

* DPI…

Democratic Party of Illinois Chair Lisa Hernandez released the following statement on the U.S. Supreme Court ruling to end affirmative action in college admissions:

“Today, the U.S. Supreme Court sent down a devastating ruling that ends affirmative action in higher education. Members of marginalized groups have been historically denied access to institutions of higher education, and today’s decision will further harm Black and brown students seeking opportunities that have long been afforded to those with power and privilege. Affirmative action is a key protection in working to level the playing field for those who have been sidelined for far too long. This decision undermines decades of progress reducing inequality in education. We won’t let far-right extremists on the Supreme Court determine our futures as they repeatedly roll back rights and protections, especially for the most vulnerable among us. Student bodies that reflect the diversity of our society make educational institutions more fulfilling and more enriching. We can’t afford to go backward; we must continue our fight to build a more just, equitable, and inclusive future for all,” said DPI Chair Lisa Hernandez.

* Chicago Mayor Brandon Johnson…

Today’s decision by the U.S. Supreme Court that will effectively end affirmative action is devastating for decades of progress toward creating equitable and inclusive education opportunities for students of color. Affirmative action was a means by which generations of children were allowed access to institutions, access to ideas, and access to cultures that a wicked system of discrimination had long excluded them from. This decision will only further divide communities and strain existing inequities in higher education, but through those inequities will come opportunities for organizing and excellence in the face of struggle.

* US Sen. Durbin…

“I’m disappointed in the Supreme Court’s ruling effectively barring the use of race as a factor in college admissions. The Court’s conservative majority just upended nearly 50 years of established precedent in a move that undermines the progress our country has made advancing racial justice.

“America’s ever-evolving commitment to the fundamental right to live free from discrimination requires us to acknowledge historical wrongs. Tearing down support for historically marginalized populations makes our country less equal, not more.

“The impact of this decision will be felt immediately, as universities struggle to adapt to a troubling new reality that ignores the compelling and valuable interest of diversity in a student body — and students of color will face admissions cycles that devalue their lived experience in America.”

* Sen. Duckworth…

For decades, affirmative action helped chip away at systemic barriers and discrimination against students of color in our education system’s college admissions process. Let’s be clear: colorblindness has never been a true friend of fairness—it ignores our history and perpetuates discrimination. In ending affirmative action, today’s misguided ruling from the far-right, ultra-conservative Supreme Court is a devastating blow to progress, equity and equality for all. In every facet of our society, diversity always makes us stronger—and I’ll continue to do everything I can to help expand opportunities and make sure every American has a fair shot at accessing higher education.

* Chuy…

Congressman Jesús “Chuy” García (IL-04) issued the following statement on the Supreme Court’s decision to overturn affirmative action.

“Today, the Supreme Court issued another ruling that takes away our rights and sets us back decades. To quote Justice Brown Jackson’s dissent, ‘deeming race irrelevant in law does not make it so in life.’ Overturning affirmative action and returning to a mythical ‘colorblind’ admissions policy means doubling down on a legacy of segregation and exclusion. And to be clear, there is nothing colorblind about ending affirmative action while legacy admissions continue.

“This decision rips away education access from communities already facing disinvestment and inequitable paths to opportunity. It also undermines a diverse workforce, our economy, and our future. This is a devastating ruling from a cruel Supreme Court.”

* SEIU Local 1 President Genie Kastrup…

The highest court in the land – one that is supposed to promote justice and equality for all – just ended one of the most effective social justice policies this country has seen. Simply put: SCOTUS’s decision only benefits the wealthy, the well-connected, and frankly, white folks – all at the expense of people of color.

Affirmative action benefits everyone. It levels the playing field for marginalized groups and ensures every student is exposed to multi-ethnic and multi-cultural environments that reflect the real world we live in. It’s hard enough for working families to pursue college and until we can guarantee that every young person regardless of their skin color, zip code, or income can access high-quality education, affirmative action must remain.

Local 1 remains committed to empowering communities of color and will work to dismantle institutions that perpetuate racism – from the workplace to the education system. We need to urgently meet this moment and demand better for our young people – the future depends on it.

* Latino Policy Forum…

Today, in two decisions (SSFA v. UNC and SSFA v. Harvard), the United States Supreme Court effectively dismantled affirmative action in college and university admissions decisions. The Latino Policy Forum decries these decisions.

These decisions have the potential to impact college access for Latino students dramatically, something we can ill afford in a knowledge-based economy in which Latinos have the lowest levels of college completion among racial and ethnic groups.

Geographic considerations for admission and legacy admissions appear legally intact and available to those who can access them. Why racial and ethnic considerations are precluded from playing such a role is a significant and aggravating question for those concerned with equity in education.

The Court’s action has the immediate impact of demolishing an avenue of ensuring that college students reflect the demographic mosaic of the United States. This demolition creates yet another structural impediment standing in the way of individuals from historically marginalized groups gaining access to public and private colleges and universities, but especially disheartening is what is likely to happen to Latinos in the game of college admissions.

With this action by the Supreme Court, Latinos, one of the country’s youngest and fastest growing demographics, with recent growth in college attendance but still, relatively low rates of college admission and completion, are likely to see their admission numbers decrease.

While colleges and universities cannot erase the impact of the Court’s decisions, one way to ensure some enhanced equity in admissions for Latinos and other marginalized groups is for colleges and universities to significantly expand their commitment and resources to and outreach efforts in, recruiting first-generation college students, low-income students, immigrants, and students whose primary language is not English.

These decisions are profoundly regrettable, and it is now incumbent on colleges and universities to structure admissions procedures in such a way as to legally ensure that student bodies reflect the racial and ethnic diversity of the nation.

* IFT…

linois Federation of Teachers (IFT) President Dan Montgomery issued the following statement after today’s devasting ruling by the U.S. Supreme Court on affirmative action in college admissions.

“As an educator and union leader, I am devastated that countless Black, Brown, Indigenous, and marginalized students will lose opportunities to pursue higher education at top universities. This harmful ruling will have lasting implications for students looking to attend institutions that seek to promote diversity and equity in their student bodies and will have detrimental effects far beyond the few universities at issue in today’s rulings.

“We cannot continue to sweep racism under the rug and pretend that our institutions are color blind. Sadly, today justices stripped thousands of students of their futures by making it acceptable for institutions to operate under exclusionary policies. Their decision seriously threatens democracy and equality and harkens back to our shameful Jim Crow past.

“As this court did with labor rights in Janus, with voting rights in Holder, and with reproductive rights in Dobbs, these affirmative action decisions cavalierly discard decades of established law. Americans are in the clutches of a rogue radical right-wing court detached from mainstream American legal thought and far out of touch with the beliefs of most Americans.

“Today’s decision makes it very clear why elections matter. Among other efforts, we will continue to work with our governor and legislature to revamp higher education funding so the neediest students have college access, and no students or families must endure crippling debt simply to get a college education.”

* ISAC…

As the state’s college access and financial aid agency, the Illinois Student Assistance Commission (ISAC) works every day with students and families of color, first generation students, rural students, and low-income students. Many of these students face significant obstacles to higher education—obstacles that can stem from lack of college-going experience, financial pressures, and racial discrimination. None of these obstacles exist in a vacuum. They can create a cycle that disadvantages students with talent and promise who must often work much harder just to gain access to a college education. A diverse community in higher education benefits all of us.

Our colleagues at the state’s colleges and universities have their work cut out for them as they react to today’s ruling. We know that regardless of this decision, they will work to ensure access and to promote equity and opportunity for Illinois students from all backgrounds, all ZIP codes, and, indeed, students of all racial and ethnic backgrounds. For over six decades, ISAC’s mission has focused on making education beyond high school accessible and affordable for all students, and we will not waver in our commitment. ISAC will continue to support students and families statewide, through the Monetary Award Program for students with financial need, outreach programming designed to support all students, including those who would be the first in their families to get a college degree, and other free resources to help ensure that every student gets the opportunities they deserve.

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