Introduction

The Supreme Court's decision on affirmative action in college admissions is a watershed moment that is expected to reshape the landscape of higher education for years to come. This article examines the potential impacts of the ruling, with a focus on the likely abandonment of legacy admissions and the shift towards more nuanced and fairer approaches to promoting diversity in higher education.

Abolishing Legacy Admissions

One of the most direct implications of the Supreme Court's decision is the likely abolition of legacy admissions. Legacy admissions typically favor the children of alumni, and in cases of Ivy League colleges, these are predominantly white students. This practice has been a long-standing tradition but is now facing criticism and potential scrutiny from the court. The decision to abolish legacy admissions could significantly impact the demographics of college admissions in the future.

The Huxtable Problem and Fairness in Affirmative Action

A key critique of current affirmative action policies is the so-called “Huxtable problem.” The Huxtable family, a popular fictional representation in the 1980s, featured a well-off, black family in which the children presumably attended private schools. There is no evidence to suggest that these children would be at a disadvantage in applying to college simply because of their race. In contrast, it is common for middle-class and wealthy white students to obtain far better educational opportunities, including access to advanced placement classes and other resources.

The concern is that minority students, who often attend under-resourced schools, are assessed by the same standards as their more advantaged peers. This is grossly unfair, as it potentially disadvantages students who have not had the same educational advantages. To address this, colleges may need to adjust test scores based on the quality of the schools attended.

Alternative Diversity Strategies: Regional Affirmative Action

Universities are unlikely to give up on their diversity goals. Instead, they may turn to alternative, less visible strategies to promote diversity. One such approach is to focus on regional diversity policies. This means incorporating factors like geographic region, state, and county to ensure that students from poorer neighborhoods are adequately represented. The goal is to level the playing field and provide more opportunities to students who have faced challenges due to their socioeconomic background.

This approach has several benefits. It avoids the racial diversity debates that have been at the forefront of previous affirmative action cases. Instead, it focuses on socioeconomic status and geographic representation. By considering the neighborhoods from which students come, universities can ensure a more diverse and inclusive student body without the need to ask for race in application paperwork.

Legal Challenges and Litigation

Given the controversial nature of the Supreme Court's decision, it is likely that there will be legal challenges from students who believe they have been disadvantaged. Some students may argue that universities are practicing racial discrimination by favoring students from certain regions. However, this argument is weaker than arguing that race itself is being used in the admissions process.

Some courts may take these lawsuits more seriously, but it is important to recognize that there are far more "entitled" applicants than available places at top universities. The most valid argument an entitled student might have is that the university's diversity policy has slightly reduced their chances of admission. However, life has much greater variation and the difference between 3.4 and 3.2 (or whatever the statistical probabilities are) is not significant enough to justify litigation.

While legal challenges are inevitable, an approach focused on regional diversity policies can allow universities to move forward while minimizing the likelihood of legal trouble. This strategy can promote diversity in a more nuanced and fair manner, ensuring that students from diverse backgrounds have more equitable opportunities.