Affirmative Action Will Most Likely Be Struck Down by SCOTUS

Find Out Why This Admissions Practice May Be Racist

Professor Schwartz
2 min readNov 6, 2022

Do you believe Affirmative Action is a good or bad thing for the admissions process into college?

That question is currently being argued before the Supreme Court right now, as Justices question the attorneys in several cases against the college admissions process.

The question before the Court is, how important is race in determining if a college applicant should be admitted or not?

When a case goes before the Supreme Court, the Justices get to hear oral arguments from the defendants and plaintiffs attorneys, as to the merits of their case. The justices also have the lower court’s decision as a basis of judgment.

There is a divide in the court, as more liberal Justices focus on how Affirmative Action has benefitted communities of color and how striking down the practice of Affirmative Action would negatively impact those communities.

On the other hand, the more conservative Justices point to how Affirmative Action largely ignores historic discrimination and injustice toward other cultures and people who live in America. For example, it has been argued in court that Japanese Americans were forced into internment camps during WWII and yet Affirmative Action does not seek to provide relief against that injustice.

It was also argued by both the Justices and Seth Waxman, the attorney giving oral arguments on behalf of Harvard University that Harvard sought to use a quasi-Affirmative Action application, as a means of preventing Jewish students from being admitted during the 1920s.

What does this all mean?

If Affirmative Action only addresses bias and discrimination against African-American applicants, but ignores the needs of Asian, Jewish, Native-American or any other group of people, the admissions practice may be deemed racist and thus unconstitutional.

How will you feel if Affirmative Action is considered unconstitutional?

How should college campuses reach diversity if they can’t use the color of your skin to determine if you should be admitted or not?



Professor Schwartz

Helping Schools and Businesses Transform into 21st Century Environments | Performance Coach | Author | Speaker