Harvard wins affirmative action case but the future of the practice remains uncertain

Last week Harvard won a challenge on how they conduct their admissions process. According to the lawsuit, Harvard’s admission process favors Black and Hispanic applicants over those of Asian descent. Sarah Lynch, the appeals court judge who ruled on the case, found that Harvard’s admission policies did not violate the rights of Asian Americans based on past Supreme Court decisions on affirmative action. Affirmative action allows colleges to create a more diverse atmosphere by using race and gender as a determining factor for admission. The Supreme Court, in the past, has upheld affirmative action as lawful. However, the Supreme Court’s new conservative majority is skeptical of affirmative action having a place in today’s society. This article will delve into the history of affirmative action in America. We will also discuss the latest lawsuits hoping to bring it down. 
A Brief History of Affirmative Action 
The Stanford Encyclopedia of Philosophy defines affirmative action as the positive steps taken to increase the representation of women and minorities in areas of employment, education, and culture from which they have been historically excluded. 
Affirmative action first started to take shape in America during the early 1960s. In 1961 President John F Kennedy issued Executive Order 10925. This Executive Order instructed all federal agencies and contractors to not discriminate against an applicant based on their race or gender. The next leap forward for affirmative action was the Civil Rights Act of 1964. The Civil Rights Act expanded Executive Order 10925 to include all places of employment, not just government agencies. Lyndon B Johnson took affirmative action a step further when he signed Executive Order 11246. This Executive Order instructed government agencies and contractors to expand job opportunities for minorities. 
Over the years, affirmative action has faced many challenges in the court system. In 1978 the Supreme Court heard the case of the University of California v. Bakke. The Supreme Court ruled that the University of California was allowed to use race in their determination process when it came to applicants. The Supreme Court stated that the University of California could use affirmative action to diversify and include more minorities in their college system. However, the Supreme Court also ruled it was unlawful for the University of California to reserve certain admission spots for minorities.
Affirmative Action Today 
Today, affirmative action is still a controversial topic. The pro affirmative action movement believes the practice is still useful because certain minority groups are still underrepresented in the college system. Affirmative action also allows an equal representation of all races and genders. Gary Gutting, a reporter for the New York Times, argues that keeping affirmative action in place will enable certain minority groups to go to college who wouldn’t otherwise have that opportunity.
The argument against affirmative action is that it causes racial discrimination instead of solving it. Many experts believe affirmative action goes against the very foundation it was built on; the Civil Rights Act of 1964. Chief Justice John Roberts once famously said, “ the way to stop discrimination against any given race is to stop discriminating against all races.” 
Recently, both the supporters and opponents of affirmative actions have looked at the recent Harvard lawsuit as a litmus test. The 1st Circuit Court of Appeals, the court that ruled on the Harvard case, made it clear that according to the Supreme Court’s past rulings, Harvard was allowed to use race as a determining factor based on affirmative action. Judge Sandra Lynch wrote this for her conclusion, “Harvard has an ongoing obligation to engage in constant deliberation and continued reflection regarding its admissions policies. Furthermore, Harvard's limited use of race in its admissions policy is consistent with Supreme Court precedent.” 
The Future of Affirmative Action 
Students for Fair Admissions, the organization that started the lawsuit back in 2014, promised that they would appeal the decision made by the 1st Circuit Court of Appeals. If the Supreme Court decides to take up the case, it could spell trouble for affirmative action in America. In the past, many decisions made about affirmative action were made with a 5-4 split. Conservatives, who oppose affirmative action, now have a 6-3 majority in the Supreme Court. With this majority in mind, it is safe to assume the Supreme Court will rule against affirmative action practices. What does this mean for minorities in the college system? It’s still unknown. Many believe that removing affirmative action will make the college system more diverse. While those who want to see it remain argue eliminating affirmative action will leave certain minority groups behind. 
Bibliography 
Biskupic, Joan. “Appeals Court Upholds Harvard's Affirmative Action Policy.” CNN, Cable News Network, 12 Nov. 2020, www.cnn.com/2020/11/12/politics/harvard-affirmative-action/index.html.
Fullinwider, Robert. “Affirmative Action.” Stanford Encyclopedia of Philosophy, Stanford University, 9 Apr. 2018, plato.stanford.edu/entries/affirmative-action/.
Gutting, Gary. “I'm for Affirmative Action. Can You Change My Mind?” The New York Times, The New York Times, 10 Dec. 2018, www.nytimes.com/2018/12/10/opinion/im-for-affirmative-action-can-you-change-my-mind.html.
“History of Affirmative Action.” AAAED, American Association for Access Equity and Diversity, www.aaaed.org/aaaed/History_of_Affirmative_Action.asp.
Maxwell, Connor, and Sara Garcia. “5 Reasons to Support Affirmative Action in College Admissions.” Center for American Progress, 18 June 2020, www.americanprogress.org/issues/race/news/2019/10/01/471085/5-reasons-support-affirmative-action-college-admissions/.
Parker Johnson

Parker Johnson is a journalist and creative writer who specializes in politics. He graduated with a BA in Media Studies from the University of Texas at Dallas. After obtaining his BA, Parker went on to receive an MFA in Creative Writing. He lives in Dallas, Texas, with his wife Brittany and dog Flash.

Parker uses his talents in writing to build brands while also promoting causes he finds important. He created the successful blog and podcast What’s Up Sports from the ground up and eventually sold it to the national distributor 12oz Sports Radio. Parker is also a regular contributor for the publication Dallas Doing Good, where he promotes local non-profits and their work in the community.

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