Court case challenges affirmative action

In a move intensifying ongoing debate regarding preferential admissions, the United States Supreme Court recently decided to hear a case that could potentially limit or even ban race-based affirmative action policies at universities.

White student Abigail Fisher is challenging a University of Texas policy that gives black, Hispanic and Native American students preferential treatment in admissions. The Supreme Court decided to hear the case—Fisher v. University of Texas—Feb. 21, and it is the first time since 2003 that the court will consider the future of affirmative action. The court’s decision has stirred some debate among members of the Duke community about whether affirmative action policies are fair and about whether a decision by the Supreme Court could change Duke’s admissions policies.

Black Student Alliance President Nana Asante, a senior, said that though she understands why affirmative action is contentious, the policies are still needed.

“Affirmative action is complicated, understandably jarring to some, beneficial to all and overwhelmingly necessary,” Asante said. “It is not a black and white policy but rather a complex and dynamic approach that aims to rectify years of deeply rooted oppression and racism faced by minorities such as blacks and women.”

She added that historical wrongs have far-reaching consequences that still plague certain minorities and previously subjugated groups today. Measures to guarantee that these populations receive equal opportunities today must be taken.

The question of affirmative action is raised at a time when members of the Duke community are re-evaluating minority groups’ role within the campus climate. The Black Student Alliance issued the Black Culture Initiative to the administration in January. The initiative included recommendations to equate the black community’s experiences with the rest of Duke’s and suggested a renewed University commitment and expansion of the Black Student Alliance Invitational weekend and an explanation of the role of special considerations in the admissions process.

Asante declined to comment on the status of the Black Culture Initiative until a later time.

Although the Supreme Court upheld affirmative action in 2003, the result could be different this time because the makeup of the Supreme Court has changed, said Peter Arcidiacono, professor of economics. Chief Justice John Roberts—a conservative—has replaced the more liberal-leaning voice of former Justice Sandra Day O’Connor, who was involved in the 2003 decision. Moreover, Justice Elena Kagan—an Obama nominee who supports affirmative action—has recused herself for this case due to the fact that she will be unable to reach an unbiased decision on the issue due to her previous writings, which have expressed explicit support for the policy.

If the court banned race-based affirmative action in a manner that applied to both private and public universities, the enrollment of minorities at elite universities could be severely affected, Arcidiacono said.

“Virtually all selective universities practice affirmative action, including Duke,” Arcidiacono wrote in an email Monday. “Estimates suggest that enrollment by African Americans at elite universities would fall by 50 percent absent of affirmative action.”

Arcidiacono added that without affirmative action, enrollment of minorities at top universities could drop, though universities could still give students preference based off of their socioeconomic background.

“We know the U.S. Supreme Court will be taking up the issue of affirmative action in college admissions, and we will need to wait for the results of their deliberations to know whether our process might be affected,” Dean of Admissions Christoph Guttentag said in a statement.

He added that the University considers a variety of factors when selecting students from the applicant pool and decides whether to admit or reject students on the basis of a holistic and thorough review of every application.

Arcidiacono, who faced controversy regarding his affirmative action study in January, said differences between minority students’ academic backgrounds suggest that Duke practices affirmative action.

“You don’t get the large differences in average SAT scores across races without substantial racial preferences,” he said. “When the admissions officers say they take a variety of factors into account, race is definitely one of them. The whole reason we looked at racial differences [in our study] was because of affirmative action. Absent of affirmative action, the selection of Duke students would be such that variation in performance and major choice across races would be minimal.”

Arcidiacono and Asante agreed that inequities exist between black students and their peers.

“Affirmative action is just one approach in attempting to reconcile and rectify the grave inequities that exist and continue to persist as a result of this historical context,” Asante said. “People who lack an understanding of any of these components inherently fail to realize that affirmative action, when actualized, exists for the betterment and benefit of our entire society.”

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