Reporter's Notebook

The End of Affirmative Action?
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Readers debate the merits of affirmative action following the December 2015 oral arguments in Fisher v. University of Texas (which ended in a 4-3 ruling upholding AA in June 2016). Contribute your own views via

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Should Asian Americans Be Limited Within Predominately White Institutions? Cont'd

2012 stats for undergrads at UC Berkeley, which under CA law doesn’t allow affirmative action

A reader of Asian descent makes a key distinction:

I strongly oppose the notion that Asian Americans should view affirmative action as being a competitive process only between minorities. Specifically, I am writing in to partially disagree with the Asian American reader who wrote:

When we talk at the group level, AA [affirmative action] is about “blacks getting the same advantage whites always had,” but at an individual level, it means smart Asian kids getting shut out in favor of black or other underrepresented minority kids.

I don’t think the statistics warrant his/her notion that Asians are being rejected for only underrepresented minorities. I think the unspoken quotas currently in place at Ivies are for protecting the Caucasian ratio. If you look at Cal-tech and the UC systems that have done away with affirmative action, it would seem to validate this view.

That seems to be true. Take UC-Berkeley: Their diversity statistics show 3 percent Black, 49 percent Asian, and 29 percent White. Harvard, where affirmative action is allowed, had a record high last year of 12 percent Black—a figure school’s website promotes alongside its 21 percent Asian figure … but it doesn’t provide a White percentage (though that figure appears to be roughly 50 percent when Harvard’s four non-White categories are subtracted from the whole). So if more Asians were allowed into Harvard, they would likely cut into that 50 percent, not the 12 percent Black or 13 percent Hispanic—figures that affirmative action was created to maintain.

This reader proposes a solution to prevent direct competition between underrepresented minorities:

The quotas and “negative affirmative action” practiced upon Asians (i.e. they must perform at a higher level than whites to have equal chances of admissions) can be ended without ending the “positive affirmative action” that exists for blacks (and Latinos, Filipinos, Cambodians, etc.). Admissions officers could simply place applicants into either a race-blind or race-conscious pool depending on the representation of that applicant’s race at the university relative to the overall population of the country (easily available from census data).

That’s what this reader recommends:

I am an under-represented minority with a mixed background who never checked the box during college admissions. In a state that only measures race composition afterwards and does not consider it in admission, that was a formality. But regardless, I don’t want preference or discrimination.

What I see at work, where I report on student demographics, is that fewer and fewer students are checking boxes. Those opting out first are likely students who believe it would disadvantage them, followed by students of mixed race who don’t agree with the terminology of “other”/“multi”/“mixed.”

My children and I have names that belie our complex mixed background (hyphens are too troublesome). Will admissions officers then look at the last names and try to determine race? Will they pore over essays that conveniently mention neither mama’s kimchi nor grandma’s gumbo, desperate for clues?

Can this be an “out” for Asian students? My children may be classified as Asian, since their father is from Western Asia. I would never ask them to choose one heritage over another. But what will they do?

And what happens when we all opt out?

Last month, as part of our long discussion in Notes on affirmative action and its renewed attention under Fisher v. University of Texas, we addressed the mismatch theory, in which racial preferences in college admissions could do more harm than good if they place unprepared students in the kind of hyper-competitive “prestigious” schools that cause many students to abandon certain academic tracks like STEM or law, or even drop out of college altogether, when those students would have otherwise thrived in those fields after graduating from slightly less competitive schools. (Conor also tackled the mismatch debate.) A reader wonders:

I’m curious if anyone has studied “mismatch” and its effects on legacy admissions at Ivy League colleges. For example, could George W. Bush have become President of the United States on the connections he would have established drinking his way through Texas Tech rather than Yale? Would his behavior and performance while in college have been tolerated had he been admitted to Texas Tech on his own merit rather than to Yale as the son and grandson of elites?

To answer to the reader’s leading question, yes; Gail Heriot, a law professor and member of the U.S. Commission on Civil Rights, addressed the legacy factor in a long report on mismatch theory published by the Heritage Foundation in August. (Heriot also co-authored the amicus brief that Justice Scalia cited in his controversial comments over Fisher last month.) From the Heritage report:

[Duke economists Peter Arcidiacono and Esteban Aucejo and Duke sociologist Ken Spenner] helped to dispel the common belief that beneficiaries of affirmative action catch up after their freshman years with their better-credentialed fellow students. What happens instead is that many transfer to majors where the academic competition is less intense and where students are graded on a more lenient curve. Their GPAs increase, but their standing relative to other students taking the same courses does not.

Again, the authors show that this effect is by no means confined to beneficiaries of affirmative action. White children and grandchildren of alumni who receive legacy preferences have the same experience, earning lower grades than white non-legacies at the end of their first year. While the gap narrows over time, it is only because legacy students also shift away from the natural sciences, engineering, and economics and toward the humanities and social sciences.

That’s the general question addressed by our latest round of reader emails on the subject, who are taking a step back from the more specific areas we’ve tackled so far, such as mismatch theory, the discrimination against high-achieving Asian-Americans, and the stigma felt by some recipients or perceived recipients of affirmative action. This reader criticizes the policy:

Any time one chooses on the basis of politics rather than qualifications, you are reducing efficiency as well as angering the losers. If we reward people based on ability, it both motivates ability and reduces the value of being a victim. So long as we allow people to declare themselves victim and benefit from it, we will face an increasingly fragmented society as people try to place themselves in a politically benefited group to gain advantages.  

This reader has a more measured take:

I worked at UCLA in 1996 when Californians were debating, and ultimately passed, Proposition 209. The law banned consideration of race, sex, or ethnicity from being considered in public employment, contracting, or education. It has since been upheld after numerous court challenges.

Prop 209 debates dominated campus at the time. I will never forget being at a university “town hall” where the director of the affirmative action program was attempting to explain what AA was and why it should remain.

A reader writes:

I’m a female black professional who, by any objective measure, earned spots in honors programs and a well-regarded university for graduate school. While I would not say I have been “shamed” by affirmative action, as one reader suggests, the practice has at various points intensified my experience of impostor syndrome.

For instance, I recall having secured an internship with a prestigious institution and sneaking a peek at the resumes of others who had applied. I was surprised by the amount of relief I felt in seeing that my resume was, in fact, stronger than the others. The institution also had an internship program reserved for minorities and I had begun to be bothered by the possibility that perhaps I couldn’t with confidence say that I was just as capable as others who had been hired.  

Aside from any fleeting doubts I might have about my own accomplishments, I do tend to think that the focus on preserving affirmative action in college admissions distracts from the more fundamental problem, which is that the majority of failing public elementary and secondary schools in the U.S. are composed of minority (black and Hispanic) students.

Back in December, when the Supreme Court held oral arguments for Fisher v. University of Texas, we started a robust reader debate on affirmative action in Notes. (You can peruse it from the beginning here.) In a 4-3 decision this morning, the court upheld UT-Austin’s program for increasing student diversity partly based on race. The ruling is a “substantial defeat” for opponents of affirmative action, says Garrett Epps. On the deciding swing vote:

For the first time in his judicial career, Kennedy gave his approval to a race-based affirmative-action program. And he did so in an opinion that clearly reaffirmed the constitutional rationale for such programs first enunciated by Justice Lewis F. Powell Jr. in the 1978 case of Regents of University of California v. Bakke and reaffirmed by the court majority in the 2003 case of Grutter v. Bollinger.

Yet: “Kennedy was careful to clothe his opinion in narrow language that appeared to leave larger questions open. Thus, a nine-justice court (if such a unicorn is ever found in the wild) might one day reconsider the issue.” That would be just fine with this reader:

We still need affirmative action right now. BUT if we ever want to gain true equality, benefits based on race will have to go, just the same as racial degradation needs to go. Nobody can deny that someday soon affirmative action will be gone.

When would that be—by what metric? If you’re a backer of affirmative action and want to tackle that question, please drop us a note. This reader suspects the policy will never be phased out:

AA used to be justified as a tool to achieve equality, or to redress past wrongs. Now the justification has shifted: It is now a tool used to make sure that classes are diverse, regardless of whether all the applicants are on a level playing field. This ruling ensures that affirmative action is now a permanent fixture of American colleges.

But this next reader points to where AA is not a fixture at all:

I’m so glad I live in a state like California where we understand that race should not matter in college admissions [due to Proposition 209, approved by votes in 1996]. And with a colorblind system, we have a majority non-white state college system. The California experience pretty much shows that affirmative action is unnecessary in getting non-white minorities into college.

Here’s a statistical chronology of that “majority non-white state college system”:


Since 2010—the last year on that chart—another ethnic group has now surpassed White. According to a 2014 piece from US News & World Report:

In California, the state’s flagship, nine-school University of California system announced an eye-opening milestone: that it has admitted more Latino students (29 percent) than whites (27 percent) for the 2014 academic year.

Update from another reader in California:

On the surface, Kennedy’s opinion seems to make sense, as each school can best decide the makeup of the institution and can include race as a factor to address diversity at their particular school. But this decision also brings up some troubling questions. What about diversity of religion? Or age? Females have surpassed males in most undergrad programs. [From that 2014 US News piece: “Women now making up about 57 percent of all college students, an exponential gain compared to around 40 percent in the 1970s, according to the NCES.”] Should being a man be of benefit to the admissions process? Political bent? Sexual orientation?

I don’t know that there’s a slippery slope, but it seems to me that there certainly could be.

Last week, in the wake of the SCOTUS decision upholding the use of racial preferences at UT-Austin, I posed a question to readers who back affirmative action: When, under what standards or metric, should the policy be phased out in the future, if ever?

For her part, Justice Sandra Day O’Connor, in her pro-AA opinion in Grutter v. Bollinger (2003), famously stated that “We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest [in student body diversity] approved today.” See below for a 2006 policy paper that estimated whether that 25-year standard is attainable.

But first, here’s a response from a reader who seems to take the “I know it when I see it” standard popularized by Justice Potter:

I think when affirmative action should end, we’ll all know it should end.

Only a generation ago for many of us, the idea of someone being a doctor or lawyer wasn’t realistic; it was an almost completely alien idea for our parents and an almost a complete uncertainty for our grandparents. Diversity is codeword now for affirmative action, but it’s more than that. It’s often mocked, but it’s an ideal that a truly free country, the people at the top will match the people in society. If that discrepancy isn’t fixed, it’s a clear stain on the idea that all men are created equal. [CB: That idea was stained from the beginning, of course, in a very different way.] How can we as a people proclaim that America is free land of equal opportunity if people of darker skin are continually worse economically and socially?

Update from a reader, who snarks: “I agree that Korean college students should atone for the sins of the South,” suggesting that Asian American students are disadvantaged by AA policies. (For more on that aspect of the debate, see Alia’s newest piece, “Asian Americans and the Future of Affirmative Action.”)

Another reader points to the existence of private racial jokes as the reason to continue AA in perpetuity:

Perhaps if all Southern land owners had their property confiscated and redistributed to slaves after the Civil War, then we would not have had segregation and the generational problems of racism we do today. However, that’s not what happened, and affirmative action should continue until, for instance, folks like Meg Whitman’s racist son calling people ni**ers in public is no longer a common occurrence. [CB: This claim apparently stems from anonymous rumors posted by Gawker in 2009.] As long as the public face of white people is to smile while cracking racist jokes in private, there should be affirmative action.

Update from a reader on that excerpt: “No. You are demanding perfection from all people at all times in all places.” This next reader makes “a key distinction”:

Affirmative action is NOT about equality but rather about equity. Equality is about treating everyone the same, whereas equity is about meeting folks where they are at.

And face it: Today in America your race and class (and gender) intersect in troublesome ways that dictate your ability to earn in a lifetime and what type of education you will achieve. Off the top of my head, HBCUs are 70 percent women. [CB: Actually the best number I could find was 63 percent, in 2013, up from 53 percent in 1976.] Black men just aren’t in higher education. There are a lot of social issues preventing this, but there are strongly inequitable patterns that persist among racial and ethnic groups today. We are a long way off from parity.