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Supreme Court ends affirmative action, drawing criticism from Biden, Harris

The court ruled against the affirmative action programs at Harvard and the University of North Carolina.

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The Supreme Court issued a divided ruling on a pair of challenges to affirmative action policies at Harvard and the University of North Carolina, with potential implications across higher education and beyond.

The court ruled against the programs — saying in the majority opinion written by Chief Justice John Roberts that the systems in place "lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points, those admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause."

But the court did not rule out race entirely in admission programs, adding, "nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university."

Latest news from the Supreme Court's rulings

  • The Supreme Court released opinions on three issues, including affirmative action. More opinions are expected tomorrow.
  • Elite schools had been anxiously preparing for the court's ruling on the use of affirmative action in the admissions process.
  • The court has unexpectedly handed wins to liberal advocates on election law, minority voting rights and Native American issues, but those rulings were not conclusive, meaning the issues could return to the conservative-majority court, with potentially very different outcomes.
  • The court today also ruled unanimously in favor of an evangelical Christian mail carrier who sued the U.S. Postal Service for not accommodating his request to have Sundays off.
  • Pending rulings expected Friday include one on President Joe Biden's student loan debt forgiveness program.
2 years ago / 5:20 PM EDT

Harris blasts ruling as a 'denial of opportunity'

Vice President Harris suggested the Supreme Court's ruling on affirmative action undermines the importance of equal opportunity in remarks this afternoon.

The court did not "fully understand the importance of equal opportunity for the people of our country," Harris said during a moderated discussion at the Global Black Economic Forum at the Essence Festival of Culture in New Orleans. "And it is, in so very many ways, a denial of opportunity," she added. 

Harris also rejected as a "complete misnomer" a narrative suggesting the ruling was about so-called colorblindness in admissions.

"In fact, it is about being blind to history, being blind to data, being blind to empirical evidence about disparities, being blind to the strength that diversity brings to classrooms to boardrooms," she said.

2 years ago / 4:24 PM EDT

Court has 'gone out of its way' to unravel basic rights, Biden says

In an interview on MSNBC, Biden elaborated on earlier remarks suggesting that the Supreme Court was "not a normal court," telling MSNBC's Nicolle Wallace that it was unmoored in its efforts to "unravel basic rights and basic decisions."

The court has "gone out of its way" in ruling against a number of issues that had precedent for decades, Biden said.

2 years ago / 4:14 PM EDT

Biden opposes expanding Supreme Court: It will 'politicize the court forever'

Diana Paulsen

In an interview with MSNBC's Nicolle Wallace, Biden stated that although he believes that the conservative majority on the court "may do too much harm" he opposes expanding the court because it will "politicize the court forever in a way that is not healthy."

2 years ago / 3:58 PM EDT

Sotomayor and Jackson write strong dissents on affirmative action

Justices Sonia Sotomayor and Ketanji Brown Jackson, the Supreme Court’s first Latina and first Black female justices, both argued in their dissents that society is not “color blind” and race-conscious admissions have advanced constitutional equality.

Considering that Sotomayor has previously described herself as a “perfect affirmative action baby,’’ her 69-page dissent in the Harvard case did not go unnoticed.

In deciding “that race can no longer be used in a limited way in college admissions,” the Supreme Court effectively “cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter,” Sotomayor wrote.

Read more here

2 years ago / 3:30 PM EDT

Education Secretary Miguel Cardona previews administration plans after decision

Diana Paulsen

Education Secretary Miguel Cardona laid out a 45-day plan in response to the Supreme Court decision in an appearance on MSNBC. He said the agency will communicate information to students, teachers and school administrators with the goal of "providing support to universities" and "making it clear to families and students that we want them on our campuses."

The plan includes providing "guidance around the SCOTUS decision, making sure college presidents know what it means and doesn't mean," holding a national education summit in July, and issuing a report in September with guidelines for universities to follow in their admissions process.

2 years ago / 3:15 PM EDT

VP Harris: Decision is a 'step backward for our nation'

Vice President Kamala Harris called the ruling "a step backward for our nation."

"It rolls back long-established precedent and will make it more difficult for students from underrepresented backgrounds to have access to opportunities that will help them fulfill their full potential," Harris said in a statement.

She added that everyone benefits when campuses reflect the nation's diversity.

"By making our schools less diverse, this ruling will harm the educational experience for all students," Harris wrote.

She ended by saying that people must work "with ever more urgency" to ensure young people have an "opportunity to thrive."

2 years ago / 3:08 PM EDT

Police say 'all clear' on suspicious package at the Court

Frank Thorp Vproducer and off-air reporter

After Supreme Court and U.S. Capitol police moved protesters and media due to a suspicious package on the court steps, the situation is now "all clear."

2 years ago / 1:38 PM EDT

AOC criticizes court over affirmative action ruling

Rep. Alexandria Ocasio-Cortez, D-N.Y., said that if the Supreme Court was "serious about their ludicrous 'colorblindness' claims, they would have abolished legacy admissions, aka affirmative action for the privileged."

"70% of Harvard’s legacy applicants are white. SCOTUS didn’t touch that — which would have impacted them and their patrons," she tweeted.

2 years ago / 1:37 PM EDT

Biden: 'This is not a normal court.'

Biden was asked whether this Supreme Court is a "rogue court" as he left the Roosevelt room following his remarks.

"This is not a normal court," he replied.

Biden did not respond to a question about whether there should be a term limit for justices.

2 years ago / 1:06 PM EDT

'A severe disappointment': Biden on decision

Biden said he strongly disagrees with the Supreme Court's affirmative action decision, saying that one of the greatest strengths of America is the country's diversity.

"I know today's court decision is a severe disappointment for so many people, including me, but we cannot let the decision be a permanent setback for the country," he said in remarks at the White House. "We need to keep an open door of opportunities. We need to remember that diversity is our strength."

He went on to say that affirmative action has been misunderstood.

"I've always believed that the promise of America is big enough for everyone to succeed, and that every generation of Americans, we have benefited by opening the doors of opportunities just a little bit wider to include those who have been left behind," Biden said. "I believe our colleges are stronger when they are racially diverse."

Biden proposed that colleges take into account the adversity a student has overcome when selecting among qualified applicants. He directed the Department of Education to analyze what practices help higher education build a more inclusive and diverse student body.