As Affirmative Action Continues to be Threatened, Schools Weigh Diversity Options - Higher Education: As the Supreme Court continues its review of affirmative action policies in higher education, institutions are bracing themselves for the seemingly inevitable toppling of their programs.
The Supreme Court is set to begin reviewing Michigan’s affirmative action ban this fall, which was struck down last November in the 6th Circuit Court of Appeals when the court ruled it violated the Equal Protection clause of the 14th amendment.
“No more will race be … an important factor,” said Ohio State University law professor Dr. Philip T.K. Daniel. “What [the ruling in] Fisher [v. the University of Texas] does is introduce it as a diminished factor, and a highly diminished factor.”
“Even though not everyone wants to be able to consider race and affirmative action, everyone really likes the idea of racial diversity,” says Dr. Julie Park, a professor in the College of Education at the University of Maryland.
With policies like the University of Texas’ 10 percent rule coming under increased scrutiny, it is becoming more difficult for schools to reach the “critical mass” of minority students that they have agreed will facilitate the best possible educational environment.