Oct. 28, 2022
The Chronicle of Higher Education
The U.S. Supreme Court hears arguments Oct. 31 in two cases that challenge colleges’ consideration of race in admissions decisions, and the outcomes could decide the fate of the practice.
The Chronicle of Higher Education asked legal and higher education leaders to discuss what they would be listening for in the hearings. Art Coleman, managing partner at EducationCounsel LLC and a former deputy assistant secretary in the U.S. Department of Education’s Office for Civil Rights, offered his perspective:
“I'm very interested in whether any member of the court elevates the issue of what, precisely, is on the table as the court considers the big question presented in these cases: whether higher-education institutions can continue to ‘use race as a factor in admissions.’ Specifically, there is a potentially important distinction to be made between considering the racial status of an applicant and their identity – an applicant's authentic, lived experience and perspective, evident through holistic review. (Even [Students for Fair Admissions] has said that applicants should be able to describe their experience of ‘overcoming discrimination’ to which they've been subject.) As many amici [the friend-of-the-court briefs] representing higher-education organizations and institutions have explained, it is impossible to credibly conduct an authentic, complete holistic review of an applicant (regardless of their race) if that applicant cannot tell their full story, which may include facets of their background and interests associated with or informed by their racial or ethnic identity.”
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