Opinion | Affirmative Action at Harvard: Moving Beyond Black and White

It’s a rare occurrence for me to agree with the conservative members of the Supreme Court, but after reading Chief Justice John Roberts’s majority opinion on the invalidation of affirmative action programs at Harvard and the University of North Carolina, I found myself nodding in agreement. While I believe in the concept of affirmative action as a means of rectifying past injustices and promoting social justice, the evidence presented in the cases against Harvard and UNC suggests that these universities prioritized the chances of Black and Hispanic applicants at the expense of Asian Americans who also come from historically disadvantaged groups. These policies were not only unfair, but they were also antiquated and oversimplified, failing to reflect the complexities of racial identity in modern America.

The outdatedness of these policies bothered me as I thought about my own children, who come from a mixed South Asian and white background. Their perception of their racial identity is fluid and can change depending on the context. I don’t believe they should receive any preferential treatment based on their race, but I also don’t think they should be penalized for it. However, when examining the admissions policies of Harvard and UNC, and considering how other colleges might adjust their practices in response to these rulings, it’s unclear how my children would be considered, as they seem to be forgotten in the discussion.

One of the fundamental problems with these universities’ policies is their limited understanding of the diverse and ever-evolving nature of racial identity. Justice Neil Gorsuch points out that applicants are asked to choose from a list of broad categories such as American Indian, Asian, Black, Native Hawaiian, Hispanic, or White. These categories don’t accurately capture the complexity of racial identity, as someone who identifies as Asian could have ancestors from various countries such as China, India, South Korea, Pakistan, Bangladesh, Vietnam, or Japan. Similarly, someone who identifies as Hispanic could be a white person from Madrid, a Cuban immigrant from Miami, or a person of Guatemalan Mayan descent. These categories were created by bureaucrats and are reminiscent of those used by federal agencies and the census, but even admissions officials seemed unfamiliar with the specifics. This confusion is evident in the case of a student at UNC who was described as “brown” when they were actually Asian.

Harvard’s admissions process also raised concerns, as Asian applicants were more likely to be labeled as academically qualified but unremarkable. Despite outperforming other groups in academic and extracurricular measures, Harvard consistently gave Asians lower “personal” ratings. This subjective evaluation was reminiscent of Harvard’s efforts in the past to limit the admission of Jewish applicants based on their perceived lack of “character and fitness.”

While the three liberal justices raised valid concerns about the potential decline in Black and Hispanic enrollment at elite colleges, it’s essential to remember that the impact of this ruling is limited. Affirmative action primarily affects a select group of highly selective colleges. Moreover, this ruling presents an opportunity for us to reassess and redefine our understanding of race. The 2020 census showcased America’s growing multiracial and ethnically diverse population. We are more than the six categories on a demographic form; we are a nation of individuals with complex identities that deserve recognition and consideration.

In conclusion, the Supreme Court’s ruling on affirmative action programs provides an opportunity for us to critically examine and improve our approach to race. By recognizing the fluidity and diversity of racial identities, we can strive for a fairer and more inclusive society.

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