Newswise — A ruling that could end affirmative action in college admissions could cause a precipitous drop in students of color admitted to institutions of higher education, and that would further narrow the pipeline of prospective faculty of color, said an expert on educational equity regarding Fisher v. University of Texas at Austin.
The Supreme Court will hear oral arguments in the case on Wednesday, Dec. 9.
In the first decision in Fisher, the Supreme Court ruled that before a university can explicitly consider race in admissions it must show “no workable race-neutral alternatives that would produce the educational benefits of diversity.”
“This requirement creates an almost insurmountable obstacle to the use of race to achieve racial diversity,” said Tanya Washington, professor of law at Georgia State University College of Law. “However, UT’s unique record should satisfy the standard established by the Court. If it does, the question remains how likely other institutions are able to clear this evidentiary hurdle. If it does not, how would schools with less robust records of employing race-neutral admissions tools be able to satisfy the requirement?”
In 1996 the Fifth Circuit decided Hopwood v. Texas and banned the use of race in admissions. For seven years following that decision, the University of Texas employed facially race-neutral methods to achieve the educational benefits of diversity. After the Grutter decision it resumed using race in its admissions formula, as one factor among many.
“A diverse student body enhances the quality of the academic environment and yields positive learning outcomes for every student at an institution,” said Washington.
Washington teaches race and law, education law and civil procedure at Georgia State Law, and focuses her research and scholarship on issues related to educational equity and issues arising at the intersection of domestic relations, race and children’s constitutional rights. Her articles have been published in law journals across the nation and she has frequently been quoted in the media on a range of issues. Washington also co-wrote an amicus brief filed in Obergefell v. Hodges, which was cited by the U.S. Supreme Court in its decision.
Read Washington’s bio at http://law.gsu.edu/profile/tanya-monique-washington and her recent article about student demand for diverse faculty at https://theconversation.com/students-demand-for-diverse-faculty-is-a-demand-for-a-better-education-50698.
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