https://www.city-journal.org/article/universities-supreme-court-affirmative-action-racial-preferences
When the Supreme Court, in 2023, banned the use of racial preferences in university admissions, observers expected the number of black and Hispanic freshmen on elite campuses to fall and the number of Asian freshmen to rise. At many schools, however, that didn’t happen.
Admissions data reveal that Yale, Princeton, Duke, and several other highly selective schools enrolled fewer Asian students in their Classes of 2028—the first group admitted since the Court decided Students for Fair Admissions v. Harvard—than they did in their Classes of 2027. Black enrollment at these schools, by contrast, remained virtually unchanged.
In the run up to SFFA, these elite colleges repeatedly asserted that they could not maintain racial diversity on campuses without affirmative action. Sixteen prestigious colleges filed a joint amicus brief arguing that “no race-neutral alternative presently can fully replace race-conscious individualized and holistic review to obtain the diverse student body Amici have found essential to fulfilling their missions.” Several had advanced the same argument in amicus briefs filed in 2003’s Grutter v. Bollinger and 2016’s Fisher v. University of Texas at Austin, earlier cases examining the use of racial preferences.
For more than two decades, universities claimed that socioeconomic preferences, geographic sorting, and other race-neutral alternatives could not achieve the same level of racial diversity on campus as could affirmative action. Yet the demographics of many schools’ Class of 2028 suggest otherwise. It raises an awkward question: Did America’s top universities mislead the Supreme Court then, or are they breaking the law now?
Consider data from an Inside Higher Ed database that tracks the demographics of the Classes of 2027 and 2028 at 31 highly selective universities. The database includes the first-year demographics for 13 of the 15 highly selective universities that alleged, in the SFFA amicus brief, that their campuses would lose racial diversity absent racial preferences. I’ve listed the demographics for 12 of those universities below. (The University of Chicago and the University of Pennsylvania were not included in the database. I chose to omit the California Institute of Technology because its data appeared unclear.)