Sonja B. Starr: The Supreme Court's decision on affirmative action is 'a big deal, but it’s by no means the end of the campaign to eliminate race-conscious policies in education and elsewhere. Indeed, it’s just the beginning.'
Activists demonstrate as the Supreme Court hears oral arguments on a pair of cases that could decide the future of affirmative action in college admissions, in Washington, Oct. 31, 2022.Last month the Supreme Courtthe use of race-based affirmative action in higher education. That’s a big deal, but it’s by no means the end of the campaign to eliminate race-conscious policies in education and elsewhere. Indeed, it’s just the beginning.
That might sound like an outlandish question even to ask, let alone to answer in the negative. But the first wave of legal cases posing this challenge has already arrived. They concern the admissions policies of highly selective public high schools that sought greater racial diversity through race-neutral means, like showing a preference for poor applicants. The plaintiffs argue that these policies are unconstitutional because, they contend, the goal remains racially discriminatory.
But less appreciated is the impact that this legal battle could have beyond school admissions. Race gaps characterize nearly every dimension of U.S. life: life expectancy, maternal mortality, employment rates, income, wealth, environmental exposures, criminal justice involvement and many others. Policymakers routinely seek to close these gaps, even when debating policies that aren’t directly about race, such as environmental regulations, health policy and criminal justice reform.
Consider an ongoing constitutional challenge to the admissions policy of Thomas Jefferson High School for Science and Technology, an elite public school in Fairfax County, Va., where a majority of students are Asian-American. In 2020, the Fairfax County School Board adopted reforms intended to address a longstanding controversy about how few Black and Hispanic students were getting in.
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