Affirmative action has been a controversial issue for many years, stirring up debates about equality and racial discrimination. The policy, which was first introduced in the 1960s under President Lyndon Johnson, intended to address historical and ongoing discrimination faced by marginalized groups, such as people of color, women, and those with disabilities by providing them with equal opportunities in education and the workforce. However, in recent years, affirmative action has received much backlash. With lawsuits against UNC-Chapel Hill and Harvard reaching the supreme court in late 2022, debates regarding the nature of affirmative action have become more prevalent than ever. 

An example of a contentious affirmative action policy is the prestigious Ivy League, Harvard University. Overall, Harvard’s policies roughly quadrupled the likelihood that an African American applicant would be accepted relative to a white student with similar academic qualifications while multiplying the likelihood of admissions 2.4 times for Hispanics.

Similarly, for out-of-state applicants to UNC, the acceptance rate for racial preferences multiplied African Americans from 1.5 percent of admitted students to 15.6 percent, almost ten times increase. Black applicants applying in-state to Chapel Hill gained a smaller advantage from affirmative action, becoming 70 percent more likely to be accepted than a similarly qualified Asian or White applicant. 

These race-based acceptance rate discrepancies grew larger in controversy until finally, a group of students and parents filed a lawsuit against these admissions, arguing that they did not have equal protection under the law and were unlawfully discriminated against based on race.

This case managed to go all the way to the supreme court in October, in which it is awaiting to hear its decision in the coming months. Persecutors argued that under the Title VI of the Civil Rights Act of 1964, discrimination on the basis of race, color, and national origin in any program or activity receiving federal financial assistance is prohibited. Furthermore, The Equal Protection and Due Process Clauses of the US Constitution further prohibit federal and state governments from discriminating on the basis of race except when furthering a compelling government interest and using the least restrictive means available.

Nevertheless, affirmative action is also seen as a benefactor for minority students who need it.  In fact, Pew reports that support for college admissions of affirmative action increased from 60% in 2003 to 71% in 2017. Historically, blacks and Hispanic students have been systemically discriminated against up until the late 1900s. Though the Board vs Brown Education supreme court decision in 1954 officially ended school segregation, schools, districts, policymakers, and universities implicitly upheld racism by secregating blacks and whites, most notoriously known as redlining up until the 1970s. However, progress has been made ever since, as major schools are becoming more diverse.. The advantages of affirmative action are certainly significant, but it is hard to ignore the unintended consequences for hard-working Asian Americans.

Ultimately, the question remains, how can we implement affirmative action to increase access to education for minorities but not paradoxically discriminate against applicants in the process?