Conservative Judicial Activism in the US

The recent decision on affirmative action by the United States (US) Supreme Court has caused considerable political controversy. The Court ruled that the admission practices of Harvard University and the University of North Carolina (UNC), which took race into account as one of the factors in admitting students, were in conflict with the 14th Amendment of the US Constitution which guarantees equal protection under the law and Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, colour, or national origin. The Court also stated that colleges and universities must use race-neutral criteria in admissions. They also pointed out that such policies negatively stereotype candidates on racial lines and that they cannot continue to exist indefinitely and should also have a definite termination point.

However, the Court also stated that colleges and universities can still consider “an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.” The Court’s main opinion was authored by Chief Justice John Roberts, along with five other judges who supported this decision. The Court’s three liberal judges opposed this decision, claiming that it undermines the constitutional promise of equal protection and reinforces racial inequality in education. The decision overturns years of precedent that supported affirmative action in higher education and could affect the diversity and equal opportunity policies in US universities at large.