
"When the Supreme Court struck down race-based affirmative action, it included some words of comfort for Americans worried about declining diversity at the nation's most selective universities. Chief Justice John Roberts, writing for the majority in the 2023 case Students for Fair Admissions v. Harvard, described the goal of creating a diverse student body as "commendable" and "worthy." He wrote that universities could still consider applicants' stories of how race had affected their lives."
"Even Justice Clarence Thomas-one of the Court's most ardent opponents of racial preferences-suggested in his concurrence that universities still have numerous paths to maintaining racial diversity, citing the experience of states that had already banned affirmative action. "Race-neutral policies may thus achieve the same benefits of racial harmony and equality without any of the burdens and strife generated by affirmative action policies," he wrote."
"Everyone seemed to be in agreement: Racial preferences were illegal, but promoting diversity by focusing on nonracial factors, such as income or geography, were fair game. The Trump administration, however, feels differently: It argues that even race-neutral admissions policies are illegal if they are intended to achieve racial diversity. And this interpretation is already starting to have an effect."
The Supreme Court struck down race-based affirmative action in Students for Fair Admissions v. Harvard. Chief Justice John Roberts called creating a diverse student body commendable and worthy and said universities could consider applicants' stories of how race affected their lives. Justice Clarence Thomas noted that race-neutral policies may achieve similar benefits without affirmative action's burdens and strife. The Trump administration contends that even race-neutral admissions policies are illegal if their intent is to achieve racial diversity. The College Board shut down its Landscape tool, citing evolving federal and state policy as its rationale.
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