Date of Award

Fall 11-17-2023

Document Type

Honors Project

University Scholars Director

Dr. Joshua Tom

First Advisor/Committee Member

Dr. Matthew Benton

Second Advisor/Committee Member

Dr. Charity Osborn

Keywords

affirmative action, college admissions, Asian American, SFFA v. Harvard

Abstract

On June 29, 2023, the United States Supreme Court ruled that using affirmative action in college admissions is unconstitutional in the case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. This research analyzes arguments presented by both parties to reveal the effects of this policy removal on the future of underrepresented minority students applying to college. I conduct a complex legal analysis of prior Supreme Court cases through the lens of reparation jurisprudence to expose the lucrative, and performative, system of affirmative action in higher education. Additionally, I analyze Harvard’s admission statistics through regression models cultivated by each party’s expert witness to identify the lack of true diversity in Harvard’s admission process. The statistical findings the experts present highlight the use of the Asian American experience to justify the removal of affirmative action measures in higher education. The Court’s decision to remove affirmative action requires universities to develop a new form of admission criteria that aids underrepresented minority students in the college admission process more than the prior framework ever could. Statistical evidence provided by the Department of Education and economist, Richard D. Kahlenberg, points to a new form of affirmative action that considers varying intersectional factors to develop a complex method of class-based affirmative action. Such studies identify the benefits of looking at various demographic factors contributing to an applicant’s experience to cultivate a diverse class of students that goes deeper than race.

Comments

A project submitted in partial fulfillment of the requirements of the University Scholars Honors Program.

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