A Close Read of the Affirmative Action Decision with Richard Ford

After a brief interlude for an episode of LGBTQ+ rights, Elise is back with a second episode on the affirmative action decision, joined by Professor Richard Ford of Stanford Law School. Professor Ford offers his take on many of the same questions we put forward to Professor Stulberg: Is the diversity rationale still alive? What will the college admissions landscape look like after this decision? And how will socioeconomic status be used as an attempt to maintain diversity? He also walked Elise through the nuances of the majority opinion — namely, the Court refused to overturn Grutter and Bakke, leaving potential room for schools to continue considering race on an individual basis. Finally, Professor Ford spoke to the future of legacy admissions and what the optimal response to this decision would be from institutions of higher education.

Cases mentioned:

Students for Fair Admissions v. President and Fellows of Harvard College (2023)

Regents of the University of California v. Bakke (1978)

Grutter v. Bollinger (2003)

Further reading:

"Bias against Asian-American students is real. Affirmative action isn’t the problem." (Stacey J. Lee and Kevin K. Kumashiro, Vox)

"The SCOTUS decision on affirmative action in colleges, explained." (Fabiola Cineas and Ian Millhiser, Vox)

"The Supreme Court’s ban on affirmative action means colleges will struggle to meet goals of diversity and equal opportunity" (Adewale A. Maye, Economic Policy Institute)