Not so simple

Court wades into college admissions

Currently the United States Supreme Court is once again considering cases raising the question of racial discrimination favoring Blacks to the detriment of Asians and whites in college admissions policies.

These cases are not as simple as most observers may believe. Some of the difficult problems inherent in adjudicating these claims regarding affirmative-action policies can be illustrated by a simple hypothetical example:

Assume that a college has three applicants, A who is Asian, B who is Black, and C who is Caucasian, all applying for only two openings so that one will be denied admission.

Each of the applicants graduated from high school as the valedictorian.

Ranked according to their scores on the SAT exam, A was first, C second, and B third.

Ranked according to their writing skills, C was first, B second, and A third.

Ranked according to their verbal skills, B was first, C was second, and A third.

Ranked according to their skills in science and mathematics, A was first, C second, and B third.

Ranked according to their socioeconomic status, C was highest, A next, B lowest.

Ranked according to their geographic diversity, B lives farthest from the college, C next, and A closest.

In selecting the two applicants, the college admissions policy considers all of these rankings along with racial diversity, extracurricular activities, athletic prowess, and legacy status, but without using a numeric formula. Now assume that the rejected applicant (either A, B or C) files suit against the college, claiming a violation of the Equal Protection Clause of the Constitution.

Should the Supreme Court rule in favor of the rejected applicant on the grounds that the college may not take racial diversity into consideration to any extent whatsoever?

If so, will all colleges in the future simply adopt an admissions policy that considers “all relevant factors” in accepting applicants?

Or must colleges expressly exclude racial diversity as a relevant factor?

Perhaps the Supreme Court will be reluctant to provide a hearing for every rejected college applicant to assert a claim that the decision of the admissions committee was actually based on race when the stated policy of the committee is to take into consideration “all relevant factors.”

If the Supreme Court is not careful, it will end up ruling on the claims of all rejected college applicants.