On June 29, 2023, the U.S. Supreme Court made a landmark decision, ruling against race-based affirmative action policies in college admissions. The 6-3 decision concluded that using race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. This ruling, which marked a significant shift in the landscape of higher education, has prompted universities across the nation to reevaluate how they approach diversity, equity, and inclusion (DEI). With the end of affirmative action, educational institutions are now faced with the challenge of maintaining diverse student bodies and ensuring equity. However, as these shifts occur, legacy admissions—a practice often seen as perpetuating privilege—remains intact. Can DEI programs fill the gap left by affirmative action, or are we facing a widening gap in access and opportunity?
SC ban on race-based admission: How have US universities been impacted?
In the wake of the Supreme Court’s decision, universities have already begun to feel the impact. Enrollment data from prestigious institutions like Yale University and MIT provides a snapshot of the demographic shifts taking place. As reported by ABC News, the racial composition of Yale University’s class of 2028 remained largely similar to that of the previous year’s class, with African American and Native-American percentages remaining stable. There were small shifts in the Hispanic/Latino and international student groups, while the Asian American representation fell by 6%, and the white student population saw a 4% increase. At the Massachusetts Institute of Technology (MIT), there was a notable decrease in both Black and Hispanic/Latino student numbers, while the Asian American demographic grew by 7%. Princeton University saw a slight decline in its Asian and international student numbers, alongside a 1% decrease in Hispanic/Latino students. The class of 2028 at Princeton is composed of 31.3% white students, with 7.7% of students reporting unknown racial identities.
A report by The Chronicle of Higher Education further emphasized the magnitude of this shift, revealing that Black student enrollment at many selective colleges has decreased sharply, with some institutions reporting declines of over 20%. This mirrors earlier trends seen in California and Michigan, where affirmative action bans had similar effects on minority representation. The impact of these changes goes beyond just numbers—fewer Black students on campus reduce the diversity of perspectives that are essential for a well-rounded educational experience. The loss of such diversity could undermine the very essence of what higher education aims to provide: a space for students to engage with a wide range of ideas and worldviews.
Legacy Preferences: A continued source of privilege
While affirmative action has been dismantled, legacy admissions remain a controversial and persistent practice in elite universities. Legacy admissions give preferential treatment to the children of alumni, often giving them an advantage in the admissions process. This practice, which is particularly prevalent at Ivy League schools, has been criticized for perpetuating inequality, as it disproportionately benefits wealthier, predominantly white families who have historically had greater access to higher education.
A study by The Chronicle of Higher Education found that legacy applicants are far more likely to be admitted than their peers, with legacy students being admitted at rates two to three times higher than non-legacy students with similar academic credentials.
While the end of affirmative action has led to a decrease in minority enrollments at top universities, legacy admissions continue to favor a particular demographic—those from well-off, predominantly white backgrounds. This creates a situation where, even without race-based considerations, access to elite education remains disproportionately tilted in favor of affluent families. This discrepancy underscores the limitations of merit-based admissions systems that fail to account for the intergenerational advantages afforded to wealthy families through legacy preferences. The continued existence of legacy admissions adds to the challenge of achieving true equity in higher education.
DEI programs: A path towards equity?
With affirmative action no longer an option, universities are turning to DEI initiatives as a potential solution. These programmes focus on fostering inclusive campus environments by promoting diversity through a variety of factors, including socio-economic status, first-generation college student status, and community involvement. Many schools have also ramped up efforts to recruit and retain underrepresented students and faculty, as well as to address systemic barriers that have historically hindered minority access to higher education.
However, DEI initiatives, while valuable, are not a perfect substitute for race-conscious admissions. These programs primarily focus on creating a supportive and inclusive environment for underrepresented students once they are already on campus. Without race-conscious admissions, the pipeline to top universities for many marginalized groups may become even more restricted. So, DEI initiatives may not be the ideal solution.
The rise of Anti-DEI legislation
The Supreme Court’s ruling has also coincided with a rise in anti-DEI legislation across the United States. According to The Chronicle of Higher Education, more than 85 bills targeting DEI programmes have been introduced across various states, with 14 already enacted into law. These laws seek to eliminate or restrict the scope of DEI programmes, including mandatory training, diversity statements in hiring, and race-conscious policies in admissions. In states like Florida and Texas, laws have been passed to ban DEI funding, further eroding the resources available for initiatives that support underrepresented students.
While proponents of these laws argue that DEI programs promote division and reduce meritocracy, critics contend that they harm the very students these initiatives were designed to help. The elimination of DEI programs poses a significant challenge for colleges that have long relied on these initiatives to ensure equal access to higher education for students from marginalized communities. As DEI programmes face increased scrutiny and funding cuts, the future of diversity and inclusion in higher education remains uncertain.
From the Supreme Court’s ruling on race-based admissions to state-level bans on DEI funding, the landscape of higher education is undergoing significant transformation. As a result, many institutions are being forced to rethink or dismantle DEI programs that have been in place for decades.
How DEIs can save the game
DEI programmes are critical for fostering an environment where all students, regardless of their background, can thrive. As student demographics have shifted over the past few decades, many colleges have seen an increase in diversity not only in terms of race and ethnicity but also in age, socioeconomic status, and other identities. Data from the National Center for Education Statistics shows that from 1980 to 2021, enrollment growth among non-white students has significantly outpaced that of white students, reflecting broader societal trends toward greater diversity
DEI programmes also play a critical role in preparing students for a globalized workforce. As the workplace becomes more diverse, employers are increasingly seeking individuals who can navigate and thrive in multicultural environments. By promoting diversity and inclusion on campuses, DEI programmes help ensure that students are ready to meet the demands of an increasingly interconnected world.
Here are some ways in which DEI initiatives can help bridge the gap created by the banning of affirmative action, while legacy admissions still favor certain groups:
Focus on Socioeconomic Factors
DEI programs can prioritize socioeconomic status, ensuring that students from lower-income backgrounds, regardless of race, have access to higher education. By focusing on factors like family income, first-generation college status, and community background, DEI can help ensure that underrepresented groups still have pathways to success without relying on race-based admissions.
Holistic Admissions Approach
DEI can encourage the use of a holistic admissions process, which looks beyond just academic scores and legacy status to include other aspects of a candidate’s profile. This could involve considering personal achievements, leadership roles, challenges overcome, community involvement, and extracurricular activities. Such an approach would offer more diverse applicants a fair opportunity to be admitted.
Fostering Inclusive Campus Environments
While legacy admissions may still perpetuate certain demographic advantages, DEI efforts can work to ensure that the campus environment is welcoming and inclusive for all students. This can include creating mentorship programs, cultural centers, and support systems that help students from diverse backgrounds feel valued and succeed once they are admitted.
Faculty Diversity and Representation
DEI initiatives can focus on recruiting and retaining a more diverse faculty. A diverse faculty offers students role models from various backgrounds and perspectives. This could help counterbalance the advantage that legacy admissions provide by ensuring students from underrepresented groups see themselves represented and supported in academic leadership.
Community Outreach and Pipeline Programs
DEI programs can focus on creating strong community outreach efforts and pipeline programs that encourage and prepare underrepresented students for college. By offering tutoring, career development, and internship opportunities, these programs ensure that these students have the skills and resources needed to compete effectively in the college admissions process, even in a system that may still benefit legacy applicants.
Partnerships with High Schools and Nonprofit Organizations
DEI initiatives can form partnerships with schools and nonprofits in underserved communities to provide educational resources, college application support, and career guidance. Such collaborations can help students navigate the admissions process more effectively, leveling the playing field even when race-conscious policies are no longer in place.
Focus on Equity in Financial Aid
As legacy students often benefit from family wealth, DEI programs can help bridge this gap by ensuring that financial aid policies are designed to offer equitable opportunities for students from lower-income families. By prioritizing need-based financial aid over merit-based scholarships, DEI initiatives can offer a more equitable chance for underrepresented students to attend college.
Long-Term Structural Changes
DEI can advocate for long-term institutional changes aimed at addressing structural inequalities in higher education. This could include revisiting and revising admissions criteria that may still disproportionately favor legacy applicants and ensuring that all students, regardless of background, have equal access to opportunities both during and after their education.
What’s the way forward?
As the landscape of higher education continues to evolve, it is clear that a new, more comprehensive approach to college admissions and diversity is needed. While DEI programmes have an important role to play in supporting underrepresented students, they cannot replace the need for race-conscious admissions policies that consider the broader social and historical factors that contribute to inequity. Universities must embrace a more holistic admissions process, one that considers the full range of challenges faced by marginalized students—challenges that often intersect with race, class, and access to resources.
In addition, legacy admissions should be critically re-evaluated. The continued existence of this practice undermines the goal of creating a more equitable admissions process, as it perpetuates privilege among families with historical ties to elite institutions. A reformed admissions system would reduce the emphasis on legacy status and instead focus on merit, potential, and the diverse experiences that students bring to campus.
