President Biden on Thursday condemned the Supreme Court’s decision that it is unconstitutional for universities to use race as a factor in admission decisions, and recommended that schools across the country find a workaround for a decision that he said ignored legal precedent.
“Today, the court once again walked away from decades of precedent,” Biden said. “I strongly, strongly disagree with the court’s decision.”
“This is not a normal court,” Biden said on his way out of the press conference.
The Supreme Court ruled in a 6-3 decision that the use of race as a factor in admissions for college is a violation of the 14th Amendment’s equal protection clause. Colleges will still be able to hear examples from students who overcame racial discrimination, but will be unable to judge on race alone.
“A benefit to a student who overcame racial discrimination, for example, must be tied to that student’s courage and determination,” Chief Justice John Roberts wrote in the majority opinion. “In other words, the student must be treated based on his or her experiences as an individual — not on the basis of race.”
“Many universities have for too long done just the opposite,” Roberts continued. “And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”
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On the basis of that opinion, Biden used his remarks to urge universities to priorize applicants who face discrimination, which he repeatedly emphasized “continues to exist in America.”
“We need a new path forward — a path consistent with the law that protects diversity and expands opportunity,” Biden said. “They should not abandon their commitment to ensure student bodies of diverse backgrounds and experiences that reflect all of America.”
The president also announced he will direct the Department of Education to examine how universities can effectively encourage diversity after the Supreme Court decision.
The decision came in response to two lawsuits from Students for Fair Admissions, one against Harvard and the other against the University of North Carolina. The Harvard case alleged a failure to follow race-neutral policies, specifically for the admissions of Asian-Americans. The North Carolina case questioned claims that the use of race-neutral policies at public universities would hinder academic quality.
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Roberts was joined in the majority by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.