AG Weiser statement on SCOTUS decision in affirmative action for college admission

June 29, 2023 (DENVER) — Colorado Attorney General Phil Weiser released the following statement regarding the U.S. Supreme Court’s decision to end affirmative action in college admission decisions:

“For over 45 years, affirmative action policies have helped to correct for past discrimination, to provide more opportunities to historically underrepresented communities, and to ensure that students can learn in diverse and inclusive environments. The U.S. Supreme Court has repeatedly upheld the constitutionality of such policies, most recently in 2016. This Court’s misguided conclusion, claiming that these longstanding policies violate the Constitution, threatens to undermine the progress we have made on college campuses to create access for all Americans and ensure a diverse learning environment for all.

“Schools are a vital pipeline to pursue the American Dream and afford students the opportunity to learn in an educational environment that looks like America and prepares them to live in our diverse nation. Under the Court’s ruling, preference for legacy admissions will be permitted, but efforts to open the doors of higher education to previously excluded groups who still face barriers to equal opportunity and to ensure diverse learning environments will not. Moreover, studies and history tell us that colleges and universities will likely see a sudden drop in Black and Hispanic enrollment because of the Court’s ruling. This ruling will cause unneeded disruption and harm to our universities, students, and administrators.

“Since the Civil Rights Era, the Supreme Court has consistently held that admission review processes, where race is one of many factors considered in admission decisions, could redress historical discrimination, ensure diverse learning environments, and help to create communities that reflect our highest ideals. Under this decision, the Supreme Court assigns to itself control over admissions decisions. Contrary to its insistence, this decision will harm university learning environments and force them to adopt second best solutions to adapt to this problematic ruling.

“In the face of this decision, we will persist in our pursuit of justice and our commitment to provide equal opportunity for everyone. This means, among other things, that we will work with our higher education institutions to revamp and innovate as to what policies can increase opportunities on campus. I remain committed to providing opportunities for all Coloradans to pursue the American Dream.”

Colorado was part of a coalition of state attorneys general that filed an amicus brief in support of race-conscious admissions in Students for Fair Admissions, Inc., v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina.

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