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Thursday, May 16, 2024 | Back issues
Courthouse News Service Courthouse News Service

Biden rebukes Supreme Court on affirmative action, promising to institute new diversity measures

Critical of the departure from decades of precedent, the president said the Supreme Court is not operating normally.

WASHINGTON (CN) — President Joe Biden assailed the Supreme Court on Thursday after the conservative majority heightened the standard for the use of race in college admissions. 

“The court has effectively ended affirmative action in college admissions, and I strongly, strongly disagree with the court's decision,” Biden said in remarks this afternoon from the Roosevelt Room at the White House. 

Led by Chief Justice John Roberts, the high court found that affirmative action policies at Harvard and the University of North Carolina violated the Equal Protection Clause and the 14th Amendment. The majority stopped short, however, of overturning the over four decades of precedent supporting the practice. 

Biden predicted that this will be the effect of the ruling, even if it was not explicit. The three dissenting justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — echoed this point, as did Justice Clarence Thomas in his concurrence. 

“The court once again walked away from decades of precedent, as the dissent has made clear,” Biden said.  

Biden said there is a misunderstanding over how affirmative action advantages some students over others. It does not admit underqualified students, Biden said, but instead allows schools to use race as one of many factors in their decision process. 

Universities argue affirmative action policies are an important tool in diversifying their campuses. Biden said colleges — and in turn the nation — are stronger when they are racially diverse. 

“If you have any doubt about this just look at the United States military, the finest fighting force in the history of the world,” Biden said. “It's been a model of diversity, and has not only made our nation better, stronger, but safer. I believe the same is true for our schools.” 

Biden said discrimination is still prevalent across the nation and prevents every person from equal opportunity. Although he was disappointed with the ruling, Biden said he would continue to fight for diversity and inclusion. 

“The court can render a decision; It cannot change what America stands for,” Biden said. 

As colleges digest what the ruling will mean for their admissions policies, Biden directed them not to abandon their commitments to creating a diverse student body. 

“What I propose for consideration,” Biden said, "is a new standard: For colleges to take into account the adversity a student has overcome when selecting among qualified applicants.” 

The Department of Education will also undertake an effort to ascertain new practices to make colleges more inclusive and diverse under Biden’s guidance. 

“Today's court decision is a severe disappointment for many people, including me, but we cannot let the decision be a permanent setback for the country.” 

As Biden was leaving his remarks, he was asked if the court was “rogue.” 

“This is not a normal court,” Biden said in response. 

Advocacy groups echoed Biden’s call to increase diversity efforts despite the ruling. The National Coalition on Black Civic Participation said universities need to explore policies outside of race to increase diversity. 

“We call upon educational institutions to prioritize diversity, equity, and inclusion in their admissions practices, exploring alternative strategies and innovative approaches to ensure a level playing field for all students,” the group said in a statement. 

The American Civil Liberties Union applauded Biden’s direction for the Education Department to take up these measures. 

“The Supreme Court's decision does not change the imperative and ability of colleges and universities to increase educational opportunities for students of color,” ReNika Moore, director of the ACLU's Racial Justice Program, said in a statement. “Higher education institutions need to double down on policies that ensure every student gets a fair shot.” 

Follow @KelseyReichmann
Categories / Civil Rights, Education, Government, Politics

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