How Harvard Can Still Use Race in Admissions After Supreme Court Ruling

Harvard University may still be able to use race in college admissions after the U.S. Supreme Court struck down affirmative action on Thursday.

The Supreme Court voted 6-3 that race-based admissions, like the ones used by Harvard and the University of North Carolina, violated the equal protection clause, essentially ruling that affirmative action is unconstitutional.

However, the Supreme Court didn't remove race completely from the application process for higher education because the Court added applicants still have the freedom to "discuss how race affected his or her life, be it through discrimination, inspiration, or otherwise."

Can I Talk About Race In My College Admissions Essay?

"If an applicant wants to talk about their experience in high school or any other aspect of their life that is related to their racial identity, they can do so," Kelly Slay, assistant professor of higher education and public policy at Vanderbilt University, told CNBC.

The caveat there, according to the judgment, is that colleges and universities can't simply shift their race-based admissions from their current state to one enveloped in the essay itself.

The judgment provided an example:

"A benefit to a student who overcame racial discrimination, for example, must be tied to that student's courage and determination. Or a benefit to a student whose heritage or culture motivated him or her to assume a leadership role or attain a particular goal must be tied to that student's unique ability to contribute to the university.

"In other words, the student must be treated based on his or her experiences as an individual—not on the basis of race."

Chief Justice John Roberts opined that both Harvard and University of North Carolina's 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.

"We have never permitted admissions programs to work in that way, and we will not do so today," he added.

Harvard directed Newsweek to a video posted by the university's President-elect Claudine Gay, where she said:

"We will comply with the Court's decision, but it does not change our values. We continue to believe, deeply, that a thriving, diverse, intellectual community is essential to academic excellence."

The University of North Carolina System President Peter Hans also issued a statement following the Supreme Court's ruling on Thursday, which said:

"We are closely reviewing today's decision and will follow the law.

"The most important work of higher education is not in deciding how to allocate limited admissions slots at highly competitive schools, but in reaching and encouraging more students to take advantage of our 16 remarkable public universities."

U.S. President Joe Biden said that he "strongly" disagreed with the ruling but some Republicans have offered different opinions. Former President Donald Trump said on TruthSocial, "This is a great day for America."