Affirmative Action in Jeopardy

Authors

Natalie Jakubowski, Loyola University Chicago School of Law

Document Type

Article

Abstract

Forty-five years ago, the United States Supreme Court decided the landmark case Regents of the University of California v. Bakke ("Bakke"), which confirmed the constitutionality of race as a factor for consideration in college admissions, otherwise known as affirmative action.¹ Since then, colleges have considered race as an additional "plus factor" in their admissions processes and have immensely increased the percentage of minority enrollment in colleges. However, the Supreme Court will hear two cases in 2023: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. Both cases allege that race-conscious admissions are a violation of the Equal Protection Clause of the Fourteenth Amendment. After forty-five years of affirmative action, the Supreme Court now has the power to deem it unconstitutional and reverse decades of decisions supporting and reiterating race-consciousness in college admission processes. An unprecedented decision would have implications in the higher education sphere and likely long-lasting effects on diversity in colleges and minority enrollment.

Recommended Citation

Natalie Jakubowski, Affirmative Action in Jeopardy, 29 Pub. Interest L. Rptr. 45 (2025).
Available at: https://lawecommons.luc.edu/pilr/vol29/iss1/6