Race & Selective School Admissions After SFFA (2023)

Abstract

We posit that two recent Supreme Court actions – one explicitly banning racial classifications in university admissions (SFFA, 2023), another to not review the Fourth Circuit’s upholding of “race-neutral” measures to increase racial diversity (Coalition for TJ, 2024) – reinforce a post-Bakke/Grutter trend of some selective schools using “holistic” individualized review to camouflage racial preferences. We further posit that, while Americans generally agree on the substantive end of racial equality, they diverge on the procedural means, specifically race-sensitive policies, open debate, and even legal compliance. The authors assess data and expert opinions on selective-school admissions, including after the 2023-24 admissions cycle. We conclude that liberal procedural norms of transparent, critical, and open debate help citizens reach a consensus on the best means to achieve racial equality.