Back in 2016, during the presidential election season, I remember several of my Chinese friends saying that their parents voted for Trump because they thought he would make it easier for Asian Americans to be accepted into prestigious colleges. Essentially, they believed he would remove the affirmative action system as they knew it. They believed that the current affirmative action system was making it harder for Asian Americans to be accepted into universities, and that getting rid of affirmative action would end this “reverse discrimination,” whether or not it actually existed. But did Donald Trump actually make any changes related to affirmative action, and have those changes come at all close to fully ending affirmative action?
During Obama’s presidency, several guidance documents involving race and school admissions were created. One of these documents stated that colleges and universities were free to “voluntarily consider race to further the compelling interest of achieving diversity,” essentially saying that diversity was an important enough factor for colleges to worry about that they could at least partially judge students’ college applications based on the race of the applicant. Although these guidance documents do not actually determine the law, they help guide and clarify the law’s implementation. Therefore, these documents did not force, but encouraged colleges to consider race during admissions decisions in order to generate diversity on campus.
However, on July 3rd, 2018, the Trump administration rescinded these guidelines. The Education and Justice Departments stated that these policy guidelines, “advocate policy preferences and positions beyond the requirements of the Constitution,” and a spokesman for the Justice Department declared that the executive branch cannot “circumvent Congress or the courts by creating guidance that goes beyond the law.” Along the same lines, Education Secretary Betsy DeVos summed up their decisions by writing, “Schools should continue to offer equal opportunities for all students while abiding by the law.”
The American Civil Liberties Union responded immediately to this move by the Trump administration by saying, “This is another attack by Sessions and President Trump on people of color,” and called the move “a war being waged on civil liberties from the highest levels of government.” The ACLU is upset because affirmative action policies generally all favor minorities or people of color, and revoking those policies will most likely only harm these minorities. Although Trump has not yet fully destroyed affirmative action policies, rescinding the policy guidelines established by Obama, a supporter of affirmative action, marks a start down the path of ridding colleges of affirmative action. However, this is not the only move Trump has made in his campaign to overturn affirmative action.
After July 2018, Supreme Court Justice Anthony Kennedy retired from the Supreme Court, giving Trump the ability to further cement this stance on affirmative action. Trump nominated Supreme Court Justice Brett Kavanaugh to fulfill the position. Kavanaugh’s views on affirmative action are very similar to Trump’s, which is why many affirmative action supporters are worried. It is expected that he may be the necessary swing vote on the Supreme Court to rule affirmative action unconstitutional.
One lawsuit that is currently underway that could change the fate of affirmative action is S.F.F.A. v. Harvard. Created by Edward Blum, a financial advisor devoted to overturning race-based laws, Students for Fair Admissions is a membership organization similar to the ACLU or NAACP, many of whom are Asian American students with high credentials who were rejected from prestigious universities. They believe that they were unfairly evaluated by Harvard’s college admissions team, and argue that affirmative action is being used to harm their chances. They claim that although many Asian Americans have higher standardized test scores, grades, and extracurricular activities, Harvard grades them lower in the “personal category,” including aspects such as essays, letters of recommendation, and interviews, only because of their race.
While the SFFA hopes to someday remove race entirely from college admissions decisions (i.e. not even having a check-box for an applicant to select their race), it is unlikely that this will happen. Rakesh Khurana, the dean of Harvard College, argues that it is necessary to ask for a student’s race because it often fundamentally shapes who they are. Personally, I feel that if race was such a big part of an applicant’s identity, they would talk about it in their college essays anyways, so there is no need to ask for it in that case. However, it would also make it nearly impossible for colleges to guarantee diversity, which is something many top universities boast. The lawsuit was originally started all the way back in 2014, and aspects of it are still in court today, so it is unlikely that any clear decision will be made any time soon.
Sources:
https://www.npr.org/2018/11/02/660734399/harvard-discrimination-trial-is-ending-but-lawsuit-is-far-from-over
https://www.newyorker.com/magazine/2018/10/15/the-rise-and-fall-of-affirmative-action
https://www.nytimes.com/2018/07/03/us/politics/trump-affirmative-action-race-schools.html
https://www.aclu.org/news/department-justice-rescinds-civil-rights-guidance-preventing-discrimination-housing-education