The U.S. Supreme Court has recently ruled that university admissions programs that consider race as a factor violate the Equal Protection Clause of the Constitution. However, I believe that this decision actually undermines the constitutional guarantee of equal protection. Instead, it contributes to a culture that prioritizes educational privilege rather than educational opportunity.
It is important to recognize that treating all students equally does not necessarily result in fairness for disadvantaged students. Sometimes, in order to achieve justice, equal protection requires treating disadvantaged students unequally.
A student’s educational and socioeconomic background significantly impact their learning experiences and academic achievements. Grades and test scores, which are often seen as objective measures of ability, are influenced by these factors. Moreover, since these environments are often linked to racial or ethnic identity, it is unfair to assess an applicant’s potential solely based on their past academic performance. This is especially crucial when the playing field has not been level for these individuals throughout their lives.
Taking into account culture and environment in the admissions process necessitates the use of affirmative action. It requires proactive efforts from college admissions committees. Why should such actions be criticized? Selecting students with the best academic potential not only serves the interests of the university but also benefits the broader public. It contributes much more to the public interest than protecting a culture of privilege ever could.
Chief Justice John Roberts once stated, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” While this statement may seem fair on the surface, blindly following it would compromise fairness and deny justice to those who need it the most.
By prioritizing a culture of privilege over a culture of equal opportunity, the Supreme Court is perpetuating an environment where equality and equal protection remain distant ideals. This is why some form of affirmative action is necessary from a constitutional standpoint.
Maurice F. Baggiano is a member of the Bar of the U.S. Supreme Court.
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