Supreme Court Upheld Affirmative Action in 2003 but Planted the Seed To Scrap It
The QuintIn my view as a race and equity legal scholar focused on business, the court had subtly established an affirmative action expiration date in its 2003 Grutter v. Bollinger decision. In that case, Associate Justice Sandra Day O’Connor wrote in her majority opinion that “race-conscious admissions policies must be limited in time,” adding that the “Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.” In this opinion, the court moved that deadline to the forefront, and it is no longer the throwaway line that some believed at the time. What the court’s decision in these 2023 cases means for college admissions officers is that the mere mention of using race to address racial and arguably gender disparities is unconstitutional. In her dissent in the UNC case, Associate Justice Ketanji Brown Jackson details the reality: “With let-them-eat-cake obliviousness, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat.