My friends call me a pessimist. But if you’re concerned that this piece is going to be a downer, in which I list all the ways universities will circumvent the Supreme Court’s Students for Fair Admissions ruling, relax. I’m very pleased with the Court’s decision.
Opponents of race-preferential admissions haven’t won the war, and things could still go awry. But we’ve gained some important legal weaponry, and we stand a decent chance of adding to the arsenal. (Forgive all the military metaphors: I’ve been “in the trenches” on this issue for almost three decades.)
Provided that “win” is defined realistically, the fight seems a lot more winnable now than it did before SFFA v. Harvard. Yes, colleges and universities will try to get around the ruling. But 100 percent compliance isn’t necessary for positive things to flow from the Court’s decision.
Here are some predictions for the coming year or so.
Some schools will experiment with doing away with standardized tests, but those that hope to be viewed as academically rigorous will quickly decide that they don’t like the results and will reverse course. MIT has already done so (after abandoning the SAT during the Covid-19 lockdowns). Some schools will experiment with preferences based on social class. They will find that there are a lot more low-income Asian Americans and whites than they realized (and that most of their African American and Latino applicants are not low-income). That may dampen their enthusiasm. But if they try to get around the problem by defining social class in a way that privileges one racial group over another, they will risk being a target in the next wave of lawsuits (which is surely coming).