Affirmative Action ruled unconstitutional in 62 years

On Thursday, the U.S. Supreme Court ruled that affirmative action, a 62-year-old practice that has provided preferential treatment to non-whites in college admissions and public hiring since 1961, is unconstitutional.

This ruling highlights the constitutional concern when black and Hispanic students, despite having lower school grades, gain admission to colleges that require higher scores for individuals of other ethnicities. This practice disadvantages high-achieving Asian and white students, raising questions about the principle of equality enshrined in the Constitution.

Students for Fair Admissions, an organization representing Asian American students, filed constitutional complaints against Harvard in 2014. They alleged that the university discriminated against white and Asian American applicants while giving preferential treatment to applicants from minoritized racial backgrounds. The case was ultimately ruled unconstitutional by a majority of six to three justices, all conservatives. Chief Justice John Roberts, one of the six justices, emphasized the importance of evaluating students based on their experiences rather than their race.

Affirmative action, along with abortion and immigration, is a major issue that sparks ideological conflicts in the United States. Amid the Supreme Court's decision to overturn Roe v. Wade in June last year, which continues to generate ongoing debates between liberals and conservatives, the recent ruling on affirmative action is likely to deepen the divisions within the country further. Many argue that it is too early to assess the impact of the ruling on Asian students' admissions.


weappon@donga.com