Biden delivers remarks after Supreme Court ruling on affirmative action sparks wave of backlash

WASHINGTON - In a landmark decision Thursday, the Supreme Court issued a ruling striking down the decades-old affirmative action policy in college admissions, effectively stating that race can no longer be a factor when deciding if a student should be accepted to a school. 

"For 45 years, the United States Supreme Court has recognized colleges' freedom to decide how to build diverse student bodies and meet the responsibility of opening doors of opportunity for every single American," President Joe Biden said in his remarks Thursday afternoon. "Today, the court once again walked away from decades of precedent." 

The High Court’s conservative majority ruled in favor of the Students for Fair Admissions in its lawsuits against Harvard College and the University of North Carolina — two of the oldest institutions of higher learning in the United States. The vote was 6-2 in the Harvard case and 6-3 in the North Carolina case. 

In the court filing against Harvard, the Students for Fair Admissions argued that universities "have employed and are employing racially and ethnically discriminatory policies and procedures in administering the undergraduate admissions program" and that this practice violates the Equal Protection Clause of the 14th Amendment. 

"Classifications of citizens solely on the basis of race are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. They threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility," SFFA v. Harvard reads. 

In the majority opinion, Chief Justice John Roberts wrote that "the Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. Both programs 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."

"The student must be treated based on his or her experiences as an individual—not on the basis of race," the opinion continued. "Many universities have for too long done just the opposite. And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin." 

Justice Clarence Thomas, the nation’s second Black justice who had long called for an end to affirmative action, wrote separately that the decision "sees the universities’ admissions policies for what they are: rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes." 

While the majority opinion did not explicitly state that the decision overturned the 2003 Supreme Court ruling in Grutter v. Bollinger — the case that gave colleges and universities the right to consider race as a factor in the admissions process in the interest of maintaining diversity on campuses — Thomas added in his concurrence that it was "for all intents and purposes, overruled."

Liberal Justice Sonia Sotomayor, the court's first Hispanic judge, wrote in her dissenting opinion that the decision "rolls back decades of precedent and momentous progress." 

And in a separate dissent, the court’s first Black female justice, Ketanji Brown-Jackson, said the decision was "truly a tragedy for us all."

"With the let-them-eat-cake obliviousness today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in real life," Brown-Jackson wrote. 

The decision sparked a flood of backlash from lawmakers, educational institutions and organizations.

Former First Lady Michelle Obama, a graduate of Harvard Law School herself, said that while affirmative action "wasn't perfect," it provided "ladders of opportunity for this who, throughout our history, have too often been denied a chance to show how fast they can climb." 

Former President Barack Obama also chimed in, saying "Affirmative action was never a complete answer in the drive towards a more just society. But for generations of students who had been systematically excluded from most of America’s key institutions—it gave us the chance to show we more than deserved a seat at the table." 

Rep. Alexandria Ocasio-Cortez, D-N.Y., sharply condemned the decision.

"If SCOTUS 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," the progressive lawmaker said in a tweet. 

A chorus of Democratic lawmakers issued similar remarks. 

"Today’s sad ruling means we have even more work to do to address our nation’s ugly history of racism and root out the systemic inequities that unfairly burden diverse communities, like Black and Latino Americans," said Sen. Tim Kaine, D-Va. "The strength of Virginia’s—and America’s—higher education system lies in its diversity, and I’m going to do all that I can to double down on my efforts to improve access to education and good jobs."

The National Association of Latino Elected and Appointed Officials joined many who say the ruling could have wide-reaching impacts, such as a potential shift in workplace diversity. 

"The Supreme Court’s decision to ban affirmative action in college admissions processes undoes decades of progress toward diversifying higher education and, subsequently, access to the nation’s workforce," the NALEO said. "Affirmative action has helped open up the system to all and provide an environment where all persons have a chance to succeed according to their efforts and abilities." 

But conservative lawmakers lauded the ruling as a victory for fairness and equality in admissions. 

"Affirmative action is the single greatest form of institutional racism in America today. The Supreme Court just struck it down in college admissions. As President, I will end it in every sphere of American life," 2024 GOP presidential candidate Vivek Ramaswamy said. "Time to restore colorblind meritocracy once and for all." 

On his social media app TruthSocial, former President Donald Trump praised the decision, calling it "a great day for America." 

"Our greatest minds must be cherished and that’s what this wonderful day has brought. We’re going back to all merit-based—and that’s the way it should be!" Trump said. 

Texas Sen. Ted Cruz also commented on the ruling, which serves as another example of the right-leaning court delivering on conservatives' long-awaited goals. 

"This is a tremendous victory for those who have suffered from explicit racial discrimination," Cruz said. "Treating any American differently because of their race is a direct violation of their 14th Amendment rights." 

The decision will impact some of the top schools in the nation that have extremely competitive admissions programs and consider race in order to maintain campus diversity. Among them are Yale, Dartmouth, Columbia and Brown. 

Howard University, one of the most prestigious historically Black universities in the country, issued a statement calling the decision "deeply concerning." 

"The decision will not only have a devastating impact on the diversity of colleges and universities across the country, but will also decrease access to higher education for students of color everywhere. Education is still a top driver of economic success for all Americans, and this decision will have far-reaching ramifications for those seeking equity in the college admissions process and beyond," the university's statement read.  

The Biden administration has since issued an action plan encouraging colleges and universities to find other ways to "promote educational opportunity and diversity," by giving serious consideration to the adversities students have overcome, including the "financial means of a student or their family, where a student grew up and went to high school and personal experiences of hardship or discrimination, including racial discrimination, that a student may have faced." 

"In doing so, colleges and universities can fully value aspiring students who demonstrate resilience and determination in the face of deep challenges," the White House wrote. 

This isn't the last consequential ruling Americans can expect to see before the High Court breaks for summer. A number of additional decisions are coming, including the highly anticipated decision on student loan forgiveness. 

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