Lauren S. Foley, "On the Basis of Race: How Higher Education Navigates Affirmative Action Policies" (NYU Press, 2023)
Aug 16, 2023
auto_awesome
Author Lauren S. Foley explores the contentious policy of affirmative action in higher education, discussing the strategies used by admissions officers to maintain diversity after its ban. The podcast delves into the recent Supreme Court decision on affirmative action, the Texas top 10% plan, the impact of affirmative action bans in California, and the challenges faced by institutions in navigating these bans while striving for racial diversity.
The recent Supreme Court decision limits the use of race in admissions, effectively ending affirmative action.
Universities have practiced resistant compliance, finding innovative solutions to maintain diversity despite bans on affirmative action.
Deep dives
The Recent Supreme Court Case on Affirmative Action
In the recent Supreme Court case, the students for fair admissions, Chief Justice Roberts wrote the majority opinion that universities can no longer use race as a benefit in a student's admissions application, effectively ending the practice of affirmative action. This decision overturned decades of precedent that permitted the use of race under certain circumstances in admissions policies.
The Status Quo of Affirmative Action
Before the Supreme Court's recent decision, universities had the legal protection to use race in their admissions policies to create racially diverse student bodies. In cases like Regents of the University of Michigan v. Bakke in 1978 and the University of Michigan Law School in 2003, affirmative action was deemed constitutional. These cases affirmed the use of race as one of many factors in a holistic admissions process.
Resistant Compliance in Higher Education
The concept of resistant compliance refers to the practice of complying with the law while still pursuing an institution's commitment to racial diversity. In the book, four case studies on school desegregation and higher education affirmative action are explored. Resistant compliance involves finding innovative solutions within the confines of legal mandates to advance diversity goals.
Innovative Strategies to Maintain Racial Diversity
The case studies of the University of Texas, the University of California, and the University of Michigan highlight the creative approaches taken by universities to maintain racial diversity despite bans on affirmative action. Examples include the Texas top 10% plan, which guarantees admission to the top 10% of every high school in the state, and the use of specialized computer software by the University of Michigan to identify underrepresented students from specific high schools and neighborhoods.
Diversity in higher education is under attack as the Supreme Court limits the use of race-conscious admissions practices at American colleges and universities. In On the Basis of Race: How Higher Education Navigates Affirmative Action Policies(NYU Press, 2023), Lauren S. Foley sheds light on our current crisis, exploring the past, present, and future of this contentious policy. From Brown v. Board of Education in the mid-twentieth century to the current Students for Fair Admissions v. Harvard and University of North Carolina, Chapel Hill, Foley explores how organizations have resisted and complied with public policies regarding race. She examines how admissions officers, who have played an important role in the long fight to protect racial diversity in higher education, work around the law to maintain diversity after affirmative action is banned.
Foley takes us behind the curtain of student admissions, shedding light on how multiple universities, including the University of Michigan, have creatively responded to affirmative action bans. On the Basis of Race traces the history of a controversial idea and policy, and provides insight into its uncertain future.
Stephen Pimpare is a Senior Fellow at the Carsey School of Public Policy at the University of New Hampshire.