During Monday’s Supreme Court hearing on the subject of affirmative action in college admissions, Justice Clarence Thomas cast doubt on the value of racial diversity.
Both Harvard and UNC have been accused by the legal advocacy group Student for Fair Admissions of “using racially and ethnically discriminatory norms and practices” in their admissions processes. The complaint claims that Asian Americans must have much better SAT and ACT scores than white candidates in order to get admission to Harvard University.
Apparently, North Carolina Solicitor General Ryan Park had trouble answering a question from Justice Clarence Thomas during oral arguments because Thomas kept bringing up the “educational benefits of diversity” with regard to the University of North Carolina.
Despite my frequent usage of the phrase, I have trouble coming up with a clear and compelling definition of diversity. When Thomas was urged to elaborate on his comment, “it seems to signify everything for everyone,” he responded more reticently: “I’d also need you to give us a clear sense of what those advantages would be in terms of education here at the University of North Carolina.”
It was pointed out by Thomas that despite Park’s citations of research demonstrating that racial diversity leads to “a deeper and richer learning environment,” the encouragement of creative thinking, and the elimination of racial prejudice, Park had failed to describe the specific educational advantages of diversity. Since he had heard “similar arguments in favor of segregation too,” Thomas said he didn’t “place much trust in that.” This is despite the fact that teams comprising members from many different cultural backgrounds performed better on investment decisions (as found in research by Park).
Thomas, one of the two black Supreme Court justices, has consistently ruled against affirmative action. During Monday’s proceedings, Thomas cited a 2012 case to show that segregationists exaggerated the likelihood that blacks would have more access to leadership positions as a result of the policies they enacted. Historically, black educational institutions have produced people like Booker T. Washington and Thurgood Marshall. He argued that the question of whether segregated or mixed schools produce superior leaders is irrelevant under the Fourteenth Amendment.
A majority of the Supreme Court judges didn’t seem convinced by the defendant’s arguments on Monday. Justices Amy Coney Barrett and Brett Kavanaugh, noting that “racial classifications are potentially damaging,” expressed doubt about Park’s claim that the University of North Carolina’s rules had “sunset provisions” and “a logical finish.”
Evidence from a number of research shows that Asian Americans face discrimination in the university admissions process. This prejudice stems from the fact that the system gives white people an advantage. According to a 2009 poll cited by the Asian American Coalition for Education, the average SAT score for Asian applicants is a whopping 1,040, 140 points higher than the average score for white applicants, 270 points higher than the average score for Hispanic applicants, and 450 points higher than the average score for black applicants.
It is widely expected that the court’s previous affirmative action verdicts would be reversed. Since President Joe Biden’s nomination to the Supreme Court, the justices who are against the practice look to have the upper hand in the lawsuit against Harvard. Justice Ketanji Brown Jackson has recused herself from the case since she served for six years on the Harvard Board of Overseers.