US Supreme Court ruling a big blow to affirmative action

In a landmark ruling last week, the US Supreme Court dealt a severe blow to affirmative action, declaring it illegal for colleges to consider race in admissions.

This decision not only undermines the hard-fought gains of the civil rights movement in the United States but also carries significant repercussions beyond its borders.

The court’s ruling favoured the organisation Students for Fair Admissions, finding that race-based admissions practices at prestigious institutions like Harvard and North Carolina violated the 1964 Civil Rights Act. The court agreed that universities had taken the wrong approach by prioritising the colour of one’s skin over personal accomplishments.

Affirmative action has long been a contentious issue in America, dividing the nation between its supporters and detractors. The Supreme Court, now leaning conservative, tends to rule in favour of the conservative agenda, leading to significant political implications. President Joe Biden, a Democrat, has openly criticised the court’s ruling.

At its core, affirmative action represented a response to centuries of oppression and discrimination suffered by Blacks in America.

The history includes the abhorrent institution of slavery, the subsequent implementation of Jim Crow laws, the terror inflicted by the Ku Klux Klan, and decades of systemic racism. Unfortunately, the Supreme Court’s decision overlooks the profound impact of this history and fails to acknowledge the stark realities faced by Blacks in America.

Proponents of the court’s decision argue for a merit-based evaluation, claiming that affirmative action perpetuates reverse discrimination. Interestingly, some of the strongest voices in opposition to affirmative action have been overwhelmingly Asian. Despite Asians comprising 28 percent of Harvard admissions, compared to 11 percent for Hispanics and 10 percent for Blacks, they perceive affirmative action, rather than other factors, as the cause of their lower admission rates. This perspective either disregards or deliberately dismisses the significance of historical context for personal gain.

Reducing individuals to GPA and SAT scores overlooks broader influences on performance.

Academic success is connected to factors like family income, racial composition, and parental education. Higher-income students score 200 points higher on the SAT due to better resources. Privileged neighbourhoods provide competitive schools, community support, and role models. Tragically, historical circumstances place Black families in poverty, broken homes, and higher incarceration rates.

Understanding this context is crucial to grasp the challenges faced by Black individuals in America.

It is a mistake to dismiss this history and ignore its ongoing impact on Blacks. The War on Drugs, for example, has disproportionately affected Black communities, leading to a likelihood of imprisonment for Black men in drug-related charges to be five times higher compared to White males. This disparity persists despite higher drug usage and sales among Whites.

By 2019, a staggering 81 percent of crack cocaine offenders were Black, a result of harsh penalties associated with crack cocaine and its association with the Black community. This systemic targeting has torn families apart and created lasting barriers to social mobility.

In the aftermath of the Buffalo Massacre last year, I wrote an article titled ‘History of Hate: America’s War on Black People’, wherein I explored the systematic oppression endured by Blacks throughout American history.

Looking back, I perhaps should have underscored my use of the word ‘hate’ in my analysis. Many often focus solely on the economic aspect of anti-Black racism to explain its underlying motives. However, I believe that hate, the most irrational of emotions, adequately accounts for the countless tribulations that Black people endure in the world.

Over the years, my perspective on affirmative action has evolved. A decade ago, I might have aligned with those who believe that Blacks must get their act together and become more competitive to take control of their circumstances.

While I still maintain that sentiment— it is disheartening to see how reckless we are in protecting our interests – I have come to appreciate better the immense challenges we face in the world. A cursory look at the racial composition of the list of executive management teams of the biggest firms and NGOs in Tanzania would make my point.

Policies like affirmative action, such as Black Economic Empowerment (BEE) in South Africa, can offer some individuals an opportunity to establish footholds in their respective fields.

It is crucial to stress that affirmative action merely opens the door—it does not exclude the effort required to make it in the respective institutions. Historically, affirmative action in America has increased the likelihood of Black students pursuing STEM fields and advanced degrees, and gaining admission to Ivy League universities, significantly enhancing their prospects after graduation. Barring affirmative action, the number of Blacks attending ‘more selective schools’ tend to fall by 50 percent.

However, with the Supreme Court’s decision, a precedent has been set that threatens to roll back many achievements of the civil rights movement in America, particularly in terms of education, employment, and housing opportunities.

Furthermore, this ruling may lead others beyond American borders to falsely believe that reparations for historical wrongs against Blacks have been fulfilled while the necessary dialogue has barely begun.

In the words of Henry Louis Gates Jr., a professor of African American history at Harvard and a beneficiary of affirmative action, the Supreme Court’s decision is but one of the many rivers that African Americans must cross to advance in their lives. Therefore, while Blacks in America have been dealt a devastating blow, the struggle continues.