1 00:00:03,880 --> 00:00:07,000 Speaker 1: From Bloomberg News and I Heart Radio. It's the Big Take. 2 00:00:07,360 --> 00:00:11,160 Speaker 1: I'm West Gasova. Each weekday we dig into one important 3 00:00:11,240 --> 00:00:14,280 Speaker 1: story and today, what will happen if the U. S. 4 00:00:14,280 --> 00:00:19,040 Speaker 1: Supreme Court puts an end to affirmative action in college admissions. 5 00:00:25,000 --> 00:00:29,800 Speaker 1: For decades, colleges and universities across the US have promoted 6 00:00:29,840 --> 00:00:34,239 Speaker 1: the value of having a diverse student body on campus. 7 00:00:35,200 --> 00:00:37,920 Speaker 1: One way they've worked towards this the list of things 8 00:00:37,920 --> 00:00:41,840 Speaker 1: the admissions officers consider when they pick up an application, 9 00:00:42,080 --> 00:00:46,000 Speaker 1: like test scorers, special skills, sports, even where a student 10 00:00:46,040 --> 00:00:50,559 Speaker 1: grew up, includes the applicants race or ethnicity. The result 11 00:00:51,360 --> 00:00:54,480 Speaker 1: more non white students get into the nation's top schools. 12 00:00:55,280 --> 00:00:57,720 Speaker 1: But this term, the U. S. Supreme Court will decide 13 00:00:57,760 --> 00:01:01,319 Speaker 1: on two challenges to this way doing things, And if 14 00:01:01,360 --> 00:01:05,040 Speaker 1: the court's new conservative majority strikes down affirmative action in 15 00:01:05,120 --> 00:01:09,960 Speaker 1: college admissions, it will have enormous repercussions for who gets 16 00:01:10,000 --> 00:01:15,039 Speaker 1: into the nation's top schools and who doesn't. To explain 17 00:01:15,120 --> 00:01:21,479 Speaker 1: all this, Bloomberg senior reporter Greg Store joins me. Now, Greg, 18 00:01:21,480 --> 00:01:24,680 Speaker 1: you've been covering with the Supreme Court for a long time. Yeah, 19 00:01:24,720 --> 00:01:28,480 Speaker 1: something like since n whatever that is, So you have 20 00:01:28,640 --> 00:01:32,360 Speaker 1: seen the Supreme Court take up affirmative action, and before 21 00:01:32,480 --> 00:01:35,240 Speaker 1: can you just kind of spell out for us exactly 22 00:01:35,319 --> 00:01:38,080 Speaker 1: what are the two cases that the Court is going 23 00:01:38,120 --> 00:01:41,400 Speaker 1: to hear now and why the results will have such 24 00:01:41,400 --> 00:01:44,040 Speaker 1: a huge effect. Let me start in the late nineteen 25 00:01:44,120 --> 00:01:46,160 Speaker 1: seventies when the Supreme Court said for the first time 26 00:01:46,200 --> 00:01:49,760 Speaker 1: that universities could consider race as a means of ensuring 27 00:01:49,800 --> 00:01:53,800 Speaker 1: diversity in their classes. The Supreme Court reaffirmed that precedent 28 00:01:54,080 --> 00:01:57,040 Speaker 1: in two thousand three, and now these two cases before 29 00:01:57,040 --> 00:01:59,920 Speaker 1: the Court, involving Harvard and the University of North Carolina, 30 00:02:00,280 --> 00:02:04,760 Speaker 1: potentially could overturn those precedents and say universities cannot consider 31 00:02:04,920 --> 00:02:07,600 Speaker 1: race as an admissions factor. How do we get to 32 00:02:07,680 --> 00:02:12,799 Speaker 1: the current system of using diversity and admissions. Yeah, that's 33 00:02:12,800 --> 00:02:15,600 Speaker 1: a really good question. The year and that was when 34 00:02:15,600 --> 00:02:19,120 Speaker 1: the Supreme Court decided this case called Baki that had 35 00:02:19,160 --> 00:02:22,120 Speaker 1: to do with the University of California and the medical school. 36 00:02:22,120 --> 00:02:26,680 Speaker 1: There the importance of including young men and women at 37 00:02:26,720 --> 00:02:31,880 Speaker 1: both undergraduate colleges and the medical schools so that they 38 00:02:32,120 --> 00:02:36,160 Speaker 1: other younger boys and girls. May I see, Yes, it 39 00:02:36,360 --> 00:02:42,200 Speaker 1: is possible for a black to go to University of 40 00:02:42,240 --> 00:02:47,079 Speaker 1: Minnesota or to go to Harvard or Yale. That was 41 00:02:47,120 --> 00:02:51,680 Speaker 1: Attorney Archibald Cox, who represented the University of California, which 42 00:02:51,919 --> 00:02:56,320 Speaker 1: was arguing in favor of affirmative action, and Alan Back, 43 00:02:56,760 --> 00:02:59,000 Speaker 1: who brought the case, was a thirty five year old 44 00:02:59,000 --> 00:03:02,600 Speaker 1: white man who would be rejected twice from the medical school, 45 00:03:02,919 --> 00:03:08,080 Speaker 1: and you see Davis. In that case. It was a 46 00:03:08,120 --> 00:03:12,240 Speaker 1: splintered court, and a majority of the court rejected the 47 00:03:12,280 --> 00:03:16,239 Speaker 1: idea that schools could consider race as a means of 48 00:03:16,280 --> 00:03:22,399 Speaker 1: addressing widespread societal discrimination, the vestiges of slavery and Jim 49 00:03:22,440 --> 00:03:24,720 Speaker 1: Crow and all that. The Justice who was in the 50 00:03:24,760 --> 00:03:27,920 Speaker 1: middle of this case, Louis Powell, said, Ah, but what 51 00:03:28,000 --> 00:03:31,799 Speaker 1: they can do is, because universities have a First Amendment 52 00:03:31,840 --> 00:03:38,040 Speaker 1: interest in having a rich, diverse academic environment, they can 53 00:03:38,160 --> 00:03:42,920 Speaker 1: consider race for this purpose of diversity. Here's Archibald Cox again. 54 00:03:43,720 --> 00:03:47,120 Speaker 1: This is essential if we are ever going to give 55 00:03:47,960 --> 00:03:52,320 Speaker 1: true equality in a factual sense to people, because the 56 00:03:52,360 --> 00:03:57,680 Speaker 1: existence or non existence of opportunities, surely we all know 57 00:03:58,960 --> 00:04:04,240 Speaker 1: shaped people's aspirations when they're very young. So that ended 58 00:04:04,280 --> 00:04:07,560 Speaker 1: up being the rationale that for the past almost fifty 59 00:04:07,640 --> 00:04:11,360 Speaker 1: years universities have used and pointed to. So when it 60 00:04:11,400 --> 00:04:15,400 Speaker 1: comes to schools, what is affirmative action? How does it 61 00:04:15,440 --> 00:04:21,960 Speaker 1: actually work? So most selective universities, not as many as 62 00:04:22,000 --> 00:04:25,400 Speaker 1: there used to be, but most selected universities say, we 63 00:04:25,440 --> 00:04:28,640 Speaker 1: want to ensure a certain amount of racial diversity, but 64 00:04:28,680 --> 00:04:32,080 Speaker 1: also other types of diversity on campus, and in order 65 00:04:32,120 --> 00:04:34,839 Speaker 1: to get there, with some applicants, we are going to 66 00:04:35,400 --> 00:04:38,160 Speaker 1: consider their race as one of many factors in the 67 00:04:38,200 --> 00:04:42,720 Speaker 1: admissions process. So both Harvard and North Carolina do what 68 00:04:42,760 --> 00:04:47,160 Speaker 1: they call holistic review, and in many cases, one thing 69 00:04:47,240 --> 00:04:51,760 Speaker 1: they consider is this person is from an underrepresented minority 70 00:04:51,800 --> 00:04:54,839 Speaker 1: group and that will add something to our class. You 71 00:04:54,880 --> 00:04:58,800 Speaker 1: mentioned holistic review exactly what is a holistic review of 72 00:04:58,839 --> 00:05:03,919 Speaker 1: a student's application. Holistic review is the notion that the 73 00:05:04,040 --> 00:05:08,080 Speaker 1: university looks at the entire file. It doesn't assign points 74 00:05:08,640 --> 00:05:11,880 Speaker 1: because you had a three point seven g p A 75 00:05:12,680 --> 00:05:16,800 Speaker 1: or because you come from a rural area. It's more 76 00:05:16,839 --> 00:05:19,760 Speaker 1: of a kind of we're going to consider all those things, 77 00:05:19,760 --> 00:05:22,000 Speaker 1: but we're not going to have rigid criteria for how 78 00:05:22,080 --> 00:05:24,799 Speaker 1: we determine whether or not you're admitted. And the Supreme 79 00:05:24,800 --> 00:05:28,080 Speaker 1: Court made that distinction back in two thousand and three. Yeah, 80 00:05:28,080 --> 00:05:30,400 Speaker 1: and that was in Gruder versus Bolinger. We've got a 81 00:05:30,400 --> 00:05:34,360 Speaker 1: clip here of the arguments between Justice Sandra Day O'Connor 82 00:05:34,800 --> 00:05:39,680 Speaker 1: and Attorney Kirk Colbo, who represented Barbara Gruder. She was 83 00:05:39,960 --> 00:05:42,359 Speaker 1: a white woman who was rejected by the University of 84 00:05:42,400 --> 00:05:47,880 Speaker 1: Michigan Law School. Race is impermissible because of the Constitutional 85 00:05:47,920 --> 00:05:51,160 Speaker 1: command of equality. The university is certainly free to make 86 00:05:51,279 --> 00:05:54,200 Speaker 1: many different kinds of choices in selecting students, and to 87 00:05:54,200 --> 00:05:58,520 Speaker 1: look for all kinds of different diversity, experiential diversity, perspective diversity, 88 00:05:59,279 --> 00:06:02,680 Speaker 1: without regard to race. But race, because your honor of 89 00:06:02,720 --> 00:06:06,279 Speaker 1: the constitutional command of equality must be beyond the bounds. 90 00:06:06,640 --> 00:06:09,880 Speaker 1: You say, that's not it can't be a factor at all. 91 00:06:10,520 --> 00:06:13,120 Speaker 1: Is that it is that your position that it cannot 92 00:06:13,160 --> 00:06:16,760 Speaker 1: be one of many factors? Are you your honor? Is it? 93 00:06:16,880 --> 00:06:20,240 Speaker 1: Race itself should not be a factor. If you have 94 00:06:20,320 --> 00:06:23,880 Speaker 1: holistic review where you consider race as just one quality 95 00:06:23,920 --> 00:06:27,440 Speaker 1: in a person's application, that's okay. What you can't do, 96 00:06:27,800 --> 00:06:32,360 Speaker 1: the court said, is automatically give every black applicant ten 97 00:06:32,440 --> 00:06:36,120 Speaker 1: points just because they're black. And so it's not strictly 98 00:06:36,200 --> 00:06:39,080 Speaker 1: that there are a certain number of slots set aside 99 00:06:39,120 --> 00:06:44,080 Speaker 1: in each class for people in different underrepresented minority groups. 100 00:06:44,240 --> 00:06:48,760 Speaker 1: It's part of a broader consideration to try to get 101 00:06:48,800 --> 00:06:52,479 Speaker 1: a wider mixture of people with different perspectives in life experience. Right, 102 00:06:52,640 --> 00:06:55,560 Speaker 1: So we're not talking about a quota. That's what a 103 00:06:55,560 --> 00:06:57,360 Speaker 1: lot of people think of a affirmative action is a 104 00:06:57,480 --> 00:07:00,919 Speaker 1: quota system. Yeah, and the Supreme Court has said you 105 00:07:01,000 --> 00:07:04,200 Speaker 1: cannot do that. Now, what exactly a quota is? You know, 106 00:07:04,400 --> 00:07:06,520 Speaker 1: we could have a debate over that. Back in two 107 00:07:06,560 --> 00:07:09,880 Speaker 1: thousand three, University of Michigan said, what we're trying to 108 00:07:09,920 --> 00:07:12,080 Speaker 1: achieve here in the Supreme Court said it was okay, 109 00:07:12,240 --> 00:07:14,560 Speaker 1: is what we call a critical mass. It's not like 110 00:07:14,600 --> 00:07:17,120 Speaker 1: a Harden and Fast number. But we want to make 111 00:07:17,160 --> 00:07:21,520 Speaker 1: sure we have enough students of minority groups that they 112 00:07:21,760 --> 00:07:25,040 Speaker 1: can feel like individuals and not representatives of their race. 113 00:07:25,120 --> 00:07:28,200 Speaker 1: And everybody can see that members of one race don't 114 00:07:28,280 --> 00:07:31,880 Speaker 1: all think alike. And so now what we have are 115 00:07:31,920 --> 00:07:36,640 Speaker 1: two cases, one involving Harvard University, one the University of 116 00:07:36,680 --> 00:07:39,320 Speaker 1: North Carolina. And they're being brought by this group called 117 00:07:39,440 --> 00:07:43,760 Speaker 1: Students for Fair Admissions. Exactly what are they challenging here 118 00:07:43,800 --> 00:07:46,560 Speaker 1: and and what's this group? So it's a group that 119 00:07:46,720 --> 00:07:50,400 Speaker 1: is basically run by one guy. His name is Edward Blum. 120 00:07:50,400 --> 00:07:55,960 Speaker 1: He's a longtime opponent of racial preferences. They represent students. 121 00:07:56,440 --> 00:07:59,400 Speaker 1: There are in these cases no particular students that are 122 00:07:59,480 --> 00:08:03,840 Speaker 1: challenging the admissions practices, but this group says we're advocating 123 00:08:03,880 --> 00:08:06,320 Speaker 1: on behalf of students who feel like they have been 124 00:08:06,320 --> 00:08:10,480 Speaker 1: discriminated against. In the case of Harvard, they say students 125 00:08:10,520 --> 00:08:12,720 Speaker 1: who are paying the price for the Firm of Action 126 00:08:12,760 --> 00:08:16,400 Speaker 1: program at Harvard tend to be Asian American students who 127 00:08:16,440 --> 00:08:19,440 Speaker 1: are getting kind of docked in the admissions process, and 128 00:08:19,640 --> 00:08:23,920 Speaker 1: students for Fair Representation argueser's basically a ceiling on the 129 00:08:24,000 --> 00:08:27,040 Speaker 1: number of Asian American students that Harvard will admit. So 130 00:08:27,080 --> 00:08:29,440 Speaker 1: that's Harvard. The u n C case University of North 131 00:08:29,440 --> 00:08:33,480 Speaker 1: Carolina is a little bit different. So the u n 132 00:08:33,559 --> 00:08:36,960 Speaker 1: C admissions program is somewhat similar in that they use 133 00:08:37,080 --> 00:08:39,920 Speaker 1: holistic review. They don't, you know, assign points for certain 134 00:08:40,320 --> 00:08:44,520 Speaker 1: test scorers or other qualities. That case tends to focus 135 00:08:44,640 --> 00:08:48,360 Speaker 1: more on whether u n C looked at so called 136 00:08:48,440 --> 00:08:53,320 Speaker 1: race neutral alternatives. Well enough, there's some Supreme Court case 137 00:08:53,400 --> 00:08:56,600 Speaker 1: law that says schools have to look at that first 138 00:08:56,640 --> 00:08:58,600 Speaker 1: and see if it's at least feasible, and the argument 139 00:08:58,679 --> 00:09:01,880 Speaker 1: is they didn't do that. So the cases are being 140 00:09:01,920 --> 00:09:06,439 Speaker 1: considered separately instead of together, but on the same day. 141 00:09:06,559 --> 00:09:10,320 Speaker 1: They are on the same day. There's two primary differences 142 00:09:10,320 --> 00:09:12,040 Speaker 1: between the two cases, in addition to the fact that 143 00:09:12,040 --> 00:09:16,240 Speaker 1: they're just two different admissions processes. One is that Justice 144 00:09:16,280 --> 00:09:19,160 Speaker 1: Katangi Brown Jackson, because she was a member of the 145 00:09:19,200 --> 00:09:21,880 Speaker 1: Harvard Board of Overseers, has recused from that case. So 146 00:09:21,920 --> 00:09:23,439 Speaker 1: she's not going to take part in the Harvard case. 147 00:09:23,480 --> 00:09:26,000 Speaker 1: She's only going to take part in the North Carolina case. 148 00:09:26,720 --> 00:09:30,520 Speaker 1: The other difference is that because North Carolina is a 149 00:09:30,559 --> 00:09:35,520 Speaker 1: state run school, the constitutions Equal Protection Clause applies to it. 150 00:09:35,960 --> 00:09:38,439 Speaker 1: The equal Protection Clause doesn't apply to Harvard because it's 151 00:09:38,440 --> 00:09:43,840 Speaker 1: a private entity. The Harvard case is not about the Constitution. 152 00:09:44,040 --> 00:09:46,679 Speaker 1: It is about the Civil Rights Act of nineteen sixty four, 153 00:09:46,679 --> 00:09:49,400 Speaker 1: and in particular Title six of that law. And that 154 00:09:49,480 --> 00:09:53,400 Speaker 1: law basically says, if you receive federal funding, which almost 155 00:09:53,400 --> 00:09:57,440 Speaker 1: all universities do, you cannot discriminate on the basis of 156 00:09:57,440 --> 00:10:00,559 Speaker 1: a lot of things, including race. The Supreme Court has 157 00:10:00,600 --> 00:10:03,319 Speaker 1: said that the standard under that law is basically the 158 00:10:03,360 --> 00:10:05,440 Speaker 1: same as the equal Protection clause, but they are at 159 00:10:05,520 --> 00:10:09,920 Speaker 1: least different kind of legal arguments, So that could potentially 160 00:10:10,320 --> 00:10:15,960 Speaker 1: cause some different analyzes in the two cases. So what 161 00:10:16,000 --> 00:10:20,640 Speaker 1: are you listening for in these arguments? So going into 162 00:10:20,679 --> 00:10:23,080 Speaker 1: this argument, there is an awful lot of reason to 163 00:10:23,160 --> 00:10:27,800 Speaker 1: think that the Court's conservative majority is likely to overturn 164 00:10:27,840 --> 00:10:31,280 Speaker 1: at least the two thousand three Greater decision, which reaffirmed 165 00:10:31,280 --> 00:10:34,360 Speaker 1: that universities could use race as an admissions factor. And 166 00:10:34,520 --> 00:10:36,800 Speaker 1: this was the case. The court heard two cases that year. 167 00:10:36,880 --> 00:10:40,640 Speaker 1: One involved the undergraduate program at the University of Michigan, 168 00:10:40,679 --> 00:10:43,439 Speaker 1: one involved the law school, and the court sort of 169 00:10:43,480 --> 00:10:46,520 Speaker 1: split the difference. It upheld the law school program, and 170 00:10:46,559 --> 00:10:48,439 Speaker 1: that ended up being the blueprint that a lot of 171 00:10:48,640 --> 00:10:52,040 Speaker 1: universities around the country could use to continue trying to 172 00:10:52,559 --> 00:10:56,400 Speaker 1: diversify their campuses. So I'll be listening to anything that 173 00:10:56,480 --> 00:11:00,080 Speaker 1: kind of cuts against the sense going in that the 174 00:11:00,160 --> 00:11:03,880 Speaker 1: Court is inclined to over rule Grouder and abolish the 175 00:11:04,000 --> 00:11:07,280 Speaker 1: use of race in admissions. Certainly, we're going to be 176 00:11:07,320 --> 00:11:11,360 Speaker 1: listening for what the newest Justice, Cantangi Brown Jackson, has 177 00:11:11,400 --> 00:11:13,680 Speaker 1: to say. She sort of laid down a marker in 178 00:11:13,720 --> 00:11:17,920 Speaker 1: an earlier case involving voting rights, where she argued that 179 00:11:18,240 --> 00:11:21,600 Speaker 1: the Constitution allows the government to consider race for a 180 00:11:21,600 --> 00:11:23,960 Speaker 1: lot of purposes. The Equal Protection Clause was put in 181 00:11:24,000 --> 00:11:26,760 Speaker 1: place after the Civil War with an idea that the 182 00:11:26,760 --> 00:11:29,640 Speaker 1: government could do things that would take race into account. 183 00:11:30,200 --> 00:11:32,640 Speaker 1: And I'm going to be listening for Chief Justice John Roberts, 184 00:11:32,640 --> 00:11:35,280 Speaker 1: because while we think of John Roberts, and he has 185 00:11:35,280 --> 00:11:38,000 Speaker 1: been in other cases like the abortion case last term, 186 00:11:38,040 --> 00:11:40,000 Speaker 1: the justice who doesn't want to go as far as 187 00:11:40,040 --> 00:11:43,360 Speaker 1: some of his more conservative colleagues in the context of race, 188 00:11:43,520 --> 00:11:47,079 Speaker 1: he's been very outspoken. He in a case shortly after 189 00:11:47,160 --> 00:11:50,360 Speaker 1: he became Chief Justice, famously said that the way to 190 00:11:50,440 --> 00:11:53,320 Speaker 1: stop discrimination on the basis of race is to stop 191 00:11:53,360 --> 00:11:56,160 Speaker 1: discriminating on the basis of race. He would like to 192 00:11:56,160 --> 00:11:58,720 Speaker 1: see a color blind constitution, at least based on his 193 00:11:58,760 --> 00:12:01,360 Speaker 1: past comments. So be listening to see if there's any 194 00:12:01,440 --> 00:12:04,240 Speaker 1: change with anybody on those things they've said in the past. 195 00:12:05,840 --> 00:12:08,960 Speaker 1: When we come back. My conversation with Greg Store continues. 196 00:12:20,120 --> 00:12:25,560 Speaker 1: If the Court does overturn affirmative action in college admissions, 197 00:12:26,360 --> 00:12:29,800 Speaker 1: will that have any sort of knock on effect beyond 198 00:12:30,000 --> 00:12:34,719 Speaker 1: universities when it comes to job hiring the workplace or 199 00:12:35,200 --> 00:12:39,400 Speaker 1: or elsewhere it might well and one thing to pay 200 00:12:39,400 --> 00:12:42,160 Speaker 1: attention to. Let me just start with the workplace. Uh, 201 00:12:42,200 --> 00:12:45,160 Speaker 1: this is both a constitutional case and a case under 202 00:12:45,600 --> 00:12:49,400 Speaker 1: the Civil Rights Act. If the Court says we're looking 203 00:12:49,400 --> 00:12:52,480 Speaker 1: at the Civil Rights Act to say you cannot consider 204 00:12:52,600 --> 00:12:55,360 Speaker 1: race as a factor, well, that Civil Rights Act, a 205 00:12:55,400 --> 00:12:59,079 Speaker 1: different provision of it also applies to private companies. And 206 00:12:59,520 --> 00:13:02,440 Speaker 1: so some people are wondering is the next step after 207 00:13:02,480 --> 00:13:04,480 Speaker 1: the court. If the Court says you can't consider race 208 00:13:04,520 --> 00:13:07,520 Speaker 1: as an admissions factor, will the court then say, okay, 209 00:13:07,600 --> 00:13:10,840 Speaker 1: let's take another look at whether companies can consider race 210 00:13:11,080 --> 00:13:14,800 Speaker 1: as a factor in hiring another job related activities. If 211 00:13:14,840 --> 00:13:18,240 Speaker 1: they make it a constitutional case, then it is easier 212 00:13:18,280 --> 00:13:22,040 Speaker 1: to see that principle applying to other areas of law. 213 00:13:22,160 --> 00:13:26,319 Speaker 1: So for example, voting and the extent to which a 214 00:13:26,440 --> 00:13:30,800 Speaker 1: state may consider race as part of redistricting. That's the 215 00:13:30,880 --> 00:13:32,720 Speaker 1: kind of thing that could be implicated if the Court 216 00:13:32,800 --> 00:13:36,839 Speaker 1: issues a constitutional ruling in this case. The Supreme Court 217 00:13:36,880 --> 00:13:41,080 Speaker 1: will hear the cases, but there won't be a ruling 218 00:13:41,320 --> 00:13:44,160 Speaker 1: until later this year, probably next year, where I think 219 00:13:44,160 --> 00:13:46,520 Speaker 1: we're probably looking at one of those cases that where 220 00:13:46,520 --> 00:13:48,240 Speaker 1: the decision comes out at the end of the court's 221 00:13:48,320 --> 00:13:50,800 Speaker 1: term in in late June. Is there a chance, because 222 00:13:50,800 --> 00:13:53,800 Speaker 1: they're deciding these separately, that you have different outcomes in 223 00:13:53,840 --> 00:13:59,200 Speaker 1: each case. It's certainly theoretically possible, given the reality of 224 00:13:59,240 --> 00:14:02,920 Speaker 1: this court. At a practical matter, it's probably unlikely, But 225 00:14:03,040 --> 00:14:06,280 Speaker 1: it could be that the arguments end up being very 226 00:14:06,360 --> 00:14:09,680 Speaker 1: different because one is focused on what the Equal Protection 227 00:14:09,679 --> 00:14:13,120 Speaker 1: Clause means, what it meant when it was ratified after 228 00:14:13,160 --> 00:14:15,959 Speaker 1: the Civil War, and the other one drills down into 229 00:14:16,040 --> 00:14:19,080 Speaker 1: the words of the Civil Rights Act and what those mean. 230 00:14:19,720 --> 00:14:22,080 Speaker 1: And you're expecting, if you're going to look into your 231 00:14:22,400 --> 00:14:25,240 Speaker 1: crystal ball without holding you to your answer, what do 232 00:14:25,280 --> 00:14:28,280 Speaker 1: you think the outcome will be. It's really hard to 233 00:14:28,320 --> 00:14:31,880 Speaker 1: see how the Supreme Court leaves intact the ability of 234 00:14:31,960 --> 00:14:35,240 Speaker 1: universities to consider race in the admissions process. Given the 235 00:14:35,280 --> 00:14:38,920 Speaker 1: sixth three conservative majority, it's a really heavy lift to think, 236 00:14:38,960 --> 00:14:41,480 Speaker 1: even if the three liberal justices vote the way we 237 00:14:41,520 --> 00:14:44,360 Speaker 1: think they probably will, to say universities can keep doing this. 238 00:14:44,840 --> 00:14:46,520 Speaker 1: To see how they're going to get two more votes 239 00:14:46,640 --> 00:14:49,240 Speaker 1: to do that without John Roberts being one of them, 240 00:14:49,520 --> 00:14:52,520 Speaker 1: that's a pretty tall order. Greg Star, thanks for being here, 241 00:14:52,640 --> 00:14:58,200 Speaker 1: sure thing. If it's Greg says, the Supreme Court does 242 00:14:58,200 --> 00:15:02,920 Speaker 1: abolish affirmative action in higher education, what are schools gonna do? 243 00:15:03,800 --> 00:15:07,120 Speaker 1: Kelsey Butler is a reporter on Bloomberg's Equality team, and 244 00:15:07,280 --> 00:15:10,480 Speaker 1: she's been talking to admissions officers all over the place 245 00:15:10,520 --> 00:15:14,640 Speaker 1: to find out. So we're just talking to Greg Store, 246 00:15:14,880 --> 00:15:18,480 Speaker 1: who says, pretty much, Supreme Court is going to overturn 247 00:15:18,560 --> 00:15:24,520 Speaker 1: affirmative action in college admissions. You and Patricia Hurtado teamed 248 00:15:24,560 --> 00:15:27,000 Speaker 1: up to try to find out what will that mean, 249 00:15:27,040 --> 00:15:29,720 Speaker 1: What is the future of college admissions look like? How 250 00:15:29,720 --> 00:15:32,840 Speaker 1: do you go about measuring that? So what we did 251 00:15:32,960 --> 00:15:36,240 Speaker 1: was we looked at the places where affirmative action has 252 00:15:36,240 --> 00:15:40,560 Speaker 1: already gone away. There are ten states where affirmative action 253 00:15:40,640 --> 00:15:44,120 Speaker 1: has disappeared in the admissions process, and we looked at 254 00:15:44,160 --> 00:15:47,720 Speaker 1: the data to kind of show what has happened, what 255 00:15:47,920 --> 00:15:51,360 Speaker 1: tactics those schools have employed, if they've gone far enough, 256 00:15:51,520 --> 00:15:55,360 Speaker 1: if they haven't, what's been most successful and what has it. 257 00:15:57,600 --> 00:16:00,000 Speaker 1: So let me just clarify here is that under the 258 00:16:00,080 --> 00:16:04,760 Speaker 1: law now, public schools and states can decide not to 259 00:16:05,040 --> 00:16:10,440 Speaker 1: allow affirmative action in admissions, and if they change this 260 00:16:10,480 --> 00:16:13,600 Speaker 1: by some report means no states will be allowed to 261 00:16:13,680 --> 00:16:16,640 Speaker 1: use it, exactly. And in a lot of those states, 262 00:16:16,720 --> 00:16:20,040 Speaker 1: voters have actually gone to the polls and basically said 263 00:16:20,040 --> 00:16:23,400 Speaker 1: that they don't want affirmative action in the admissions process. 264 00:16:23,440 --> 00:16:26,400 Speaker 1: And you know, that's something that has happened in California, 265 00:16:26,480 --> 00:16:29,680 Speaker 1: in Michigan, and you know, we've seen the ramifications of 266 00:16:29,720 --> 00:16:34,440 Speaker 1: that and what has happened to college admissions in those 267 00:16:34,480 --> 00:16:38,960 Speaker 1: states in the aftermath of affirmative action no longer being 268 00:16:39,080 --> 00:16:43,680 Speaker 1: allowed in admissions. Basically, none of the tactics, aside from 269 00:16:43,840 --> 00:16:47,480 Speaker 1: considering race and admissions, goes far enough and pretty much 270 00:16:47,520 --> 00:16:52,880 Speaker 1: every scenario, the most underrepresented groups end up being less 271 00:16:52,920 --> 00:16:58,120 Speaker 1: likely to get admittance into the most elite institutions pretty much. 272 00:16:58,320 --> 00:17:02,320 Speaker 1: And what are the most under represent any grips. This 273 00:17:02,480 --> 00:17:06,240 Speaker 1: had a huge impact on African Americans, on black students, 274 00:17:06,280 --> 00:17:09,080 Speaker 1: and we also saw a huge impact on Native American 275 00:17:09,160 --> 00:17:12,800 Speaker 1: and Indigenous students. And we also saw a drop off 276 00:17:12,840 --> 00:17:16,720 Speaker 1: in many cases in Latino enrollment. And that's as the 277 00:17:16,920 --> 00:17:19,159 Speaker 1: nation has become more and more diverse, and you know, 278 00:17:19,200 --> 00:17:23,200 Speaker 1: as Latino population has grown, the trend line hasn't really 279 00:17:23,200 --> 00:17:27,480 Speaker 1: been the same in those most selective schools Selective schools 280 00:17:27,600 --> 00:17:30,719 Speaker 1: essentially are those schools that are hard to get into, 281 00:17:31,040 --> 00:17:34,080 Speaker 1: that there's a chance you might not get into. It's 282 00:17:34,119 --> 00:17:37,960 Speaker 1: not a school that necessarily just accepts everyone with open arms. 283 00:17:38,000 --> 00:17:41,520 Speaker 1: So their desirable schools and also schools where people who 284 00:17:41,600 --> 00:17:44,960 Speaker 1: graduate tend to be attractive to employers and tend to 285 00:17:44,960 --> 00:17:47,720 Speaker 1: do pretty well in part because they went to a 286 00:17:47,760 --> 00:17:50,560 Speaker 1: school that has a really good reputation. It's not just 287 00:17:50,680 --> 00:17:54,280 Speaker 1: about going to college. It's also about the fact that 288 00:17:54,520 --> 00:17:57,840 Speaker 1: the most elite institutions have a lot to do with 289 00:17:57,920 --> 00:18:02,520 Speaker 1: who becomes powerful in our nation's society. If you go 290 00:18:02,640 --> 00:18:05,600 Speaker 1: to a school with a really recognizable brand name, you're 291 00:18:05,640 --> 00:18:08,080 Speaker 1: going to be much more likely to be able to 292 00:18:08,280 --> 00:18:10,480 Speaker 1: rise the ranks in your career, rise the ranks and 293 00:18:10,600 --> 00:18:15,240 Speaker 1: government become a kind of powerful player in shaping our 294 00:18:15,280 --> 00:18:20,719 Speaker 1: society for the future. College, of course, has always been 295 00:18:20,720 --> 00:18:25,919 Speaker 1: a path to upward mobility, and it also affects how 296 00:18:26,000 --> 00:18:28,520 Speaker 1: much money you make, what sort of income you have, 297 00:18:28,600 --> 00:18:31,200 Speaker 1: in what you're able then to do for your children 298 00:18:31,560 --> 00:18:34,960 Speaker 1: years later. Certainly, and I thought this was such a 299 00:18:35,119 --> 00:18:39,600 Speaker 1: great and fascinating example out of California. The University of 300 00:18:39,640 --> 00:18:43,920 Speaker 1: California system has had to contend with this since affirmative 301 00:18:43,920 --> 00:18:47,680 Speaker 1: action was banned in the nineties, there was a huge 302 00:18:47,720 --> 00:18:50,960 Speaker 1: study done on not only how many people got in 303 00:18:51,000 --> 00:18:53,359 Speaker 1: the door and there was a steep drop off in 304 00:18:53,600 --> 00:18:57,080 Speaker 1: black and Latino students getting into the most selective schools, 305 00:18:57,119 --> 00:19:00,560 Speaker 1: but also what happened after. And this was an analysis 306 00:19:00,560 --> 00:19:04,240 Speaker 1: of over ten thousand students. Black and Latino students were 307 00:19:04,320 --> 00:19:07,280 Speaker 1: less likely to earn over a hundred thousand dollars a year, 308 00:19:07,760 --> 00:19:10,280 Speaker 1: and they were also less likely to kind of sign 309 00:19:10,320 --> 00:19:12,800 Speaker 1: up for majors that would then set them up to 310 00:19:12,840 --> 00:19:16,639 Speaker 1: be higher earners in the future. So again not just 311 00:19:16,760 --> 00:19:20,400 Speaker 1: about getting in the door as a freshman, but also 312 00:19:20,480 --> 00:19:24,040 Speaker 1: about what your earning potential, what you're kind of bank 313 00:19:24,040 --> 00:19:26,800 Speaker 1: account is going to look like in the future. Kelsey 314 00:19:26,840 --> 00:19:29,000 Speaker 1: walk us through what it looks like in a school 315 00:19:29,080 --> 00:19:33,440 Speaker 1: that does allow racial preferences in building a student body. 316 00:19:33,800 --> 00:19:36,199 Speaker 1: You know, what has come up in my reporting and 317 00:19:36,240 --> 00:19:40,960 Speaker 1: talking to admissions officers is that race informs so much 318 00:19:41,000 --> 00:19:44,240 Speaker 1: of people's identity and who they are. When you're a 319 00:19:44,280 --> 00:19:47,640 Speaker 1: high school student. It might determine where you live, what 320 00:19:47,680 --> 00:19:50,560 Speaker 1: opportunities you've had up to that point. It's not the 321 00:19:50,640 --> 00:19:54,600 Speaker 1: only deciding factor it's just one of them. And you know, 322 00:19:54,640 --> 00:19:58,040 Speaker 1: I do really want to emphasize that race, though it's 323 00:19:58,080 --> 00:20:01,720 Speaker 1: part of the consideration, is not the only thing. And 324 00:20:02,480 --> 00:20:04,960 Speaker 1: none of the students that are getting admitted that our 325 00:20:05,200 --> 00:20:10,679 Speaker 1: minority students to these elite institutions are underqualified. They're all 326 00:20:10,720 --> 00:20:14,240 Speaker 1: getting in the door because they deserve to be there. Now, 327 00:20:14,280 --> 00:20:18,959 Speaker 1: schools that do this, is it effective? Certainly? And you know, 328 00:20:19,160 --> 00:20:21,520 Speaker 1: the way that we really see this is um what 329 00:20:21,640 --> 00:20:24,280 Speaker 1: happens when it goes away. I think a really good 330 00:20:24,320 --> 00:20:27,239 Speaker 1: example of that is the University of Michigan. They've been 331 00:20:27,280 --> 00:20:31,120 Speaker 1: extremely vocal about kind of what happened at their institution 332 00:20:31,320 --> 00:20:34,840 Speaker 1: when affirmative action went away in two thousand and six, 333 00:20:34,960 --> 00:20:38,560 Speaker 1: the last year before race based admissions went into effect, 334 00:20:40,280 --> 00:20:45,240 Speaker 1: of the schools undergrads were minorities and UM then affirmative 335 00:20:45,280 --> 00:20:51,200 Speaker 1: action was banned. It took until one for the percentage 336 00:20:51,240 --> 00:20:54,640 Speaker 1: of minority students to hit that level again, and that 337 00:20:54,800 --> 00:20:59,199 Speaker 1: took millions of dollars, a very long laundry list of 338 00:20:59,600 --> 00:21:04,160 Speaker 1: concerned efforts to kind of boost the enrollments of minority students, 339 00:21:04,920 --> 00:21:08,679 Speaker 1: and it still took over a decade without affirmative action. 340 00:21:09,200 --> 00:21:11,000 Speaker 1: There is going to be a drop off in the 341 00:21:11,000 --> 00:21:15,840 Speaker 1: most underrepresented cohorts of students. Kelsey, please stick around. We'll 342 00:21:15,880 --> 00:21:30,680 Speaker 1: talk more after the break. So what are schools that 343 00:21:30,960 --> 00:21:35,640 Speaker 1: don't allow racial preferences in selecting students? What are they 344 00:21:35,680 --> 00:21:39,639 Speaker 1: doing instead? So, one interesting thing that I didn't really 345 00:21:39,800 --> 00:21:42,240 Speaker 1: kind of think about before I started reporting this story 346 00:21:42,520 --> 00:21:45,359 Speaker 1: is that, yes, admissions is one part of the process, 347 00:21:45,440 --> 00:21:47,679 Speaker 1: but it's just that one part um. So a lot 348 00:21:47,720 --> 00:21:49,480 Speaker 1: of the schools that I talked to said that they're 349 00:21:49,560 --> 00:21:54,119 Speaker 1: kind of preparing to like widen the funnel for the 350 00:21:54,200 --> 00:21:57,280 Speaker 1: people that are applying to their schools, So that means 351 00:21:57,400 --> 00:22:02,480 Speaker 1: doing marketing campaigns, having their own alums that are part 352 00:22:02,520 --> 00:22:06,440 Speaker 1: of underrepresented groups, reach out to their high schools, um 353 00:22:06,480 --> 00:22:12,280 Speaker 1: developing relationships with community groups or high school counselors in 354 00:22:12,480 --> 00:22:16,639 Speaker 1: underrepresented areas to basically get the pool of applicants to 355 00:22:16,640 --> 00:22:19,479 Speaker 1: be more diverse, so then in the end, the student 356 00:22:19,520 --> 00:22:23,480 Speaker 1: body can be more diverse. And that doesn't move the 357 00:22:23,560 --> 00:22:27,439 Speaker 1: needle quite as much, quite as fast, but it is 358 00:22:27,480 --> 00:22:31,280 Speaker 1: an option. How are they preparing for the day when 359 00:22:31,280 --> 00:22:35,040 Speaker 1: they will no longer be allowed to use affirmative action? 360 00:22:35,160 --> 00:22:37,840 Speaker 1: What are they doing to try to make up for it. 361 00:22:40,160 --> 00:22:43,040 Speaker 1: There's a lot of different solutions that schools have done, 362 00:22:43,240 --> 00:22:46,280 Speaker 1: um you know, in the absence of affirmative action. One 363 00:22:46,280 --> 00:22:49,760 Speaker 1: of the most popular is admitting the top let's say 364 00:22:50,040 --> 00:22:53,959 Speaker 1: four percent or ten percent of each high school in 365 00:22:54,160 --> 00:22:57,040 Speaker 1: a state. So we saw that in Texas, which went 366 00:22:57,119 --> 00:23:00,760 Speaker 1: before the Supreme Court. The Supreme Court said that was constitutional. 367 00:23:01,359 --> 00:23:03,720 Speaker 1: What it does, even though it looks race neutral on 368 00:23:03,800 --> 00:23:07,200 Speaker 1: the face, it kind of relies on the fact that 369 00:23:07,440 --> 00:23:12,480 Speaker 1: neighborhoods are segregated, so you have the best performing students 370 00:23:12,480 --> 00:23:16,000 Speaker 1: from a let's say a neighborhood with mostly minorities that 371 00:23:16,160 --> 00:23:19,160 Speaker 1: have an opportunity to go to schools. And the idea 372 00:23:19,200 --> 00:23:21,959 Speaker 1: behind that is that it still provides a pathway for 373 00:23:22,000 --> 00:23:25,680 Speaker 1: those from underrepresented groups to get admittance to the best 374 00:23:25,720 --> 00:23:30,600 Speaker 1: schools because of the way race really is baked into 375 00:23:30,680 --> 00:23:33,800 Speaker 1: so many structural things. In the US. Another proxy is 376 00:23:33,800 --> 00:23:38,480 Speaker 1: considering socioeconomic status. So we know that on average, a 377 00:23:38,560 --> 00:23:41,920 Speaker 1: white family has six times the wealth of a black 378 00:23:41,960 --> 00:23:45,080 Speaker 1: family in the US, and so if you kind of 379 00:23:45,320 --> 00:23:48,639 Speaker 1: filter for socioeconomic status, you know, it's not perfect and 380 00:23:48,640 --> 00:23:51,119 Speaker 1: it won't get you to a dent of where you 381 00:23:51,200 --> 00:23:56,280 Speaker 1: need to be, but it can sometimes get underrepresented groups 382 00:23:56,280 --> 00:24:00,639 Speaker 1: that have been financially disadvantaged in the door without blicitly 383 00:24:00,800 --> 00:24:05,000 Speaker 1: using race. Another option is getting rid of legacy admissions. 384 00:24:05,080 --> 00:24:07,280 Speaker 1: We know this comes up a lot when we talk 385 00:24:07,320 --> 00:24:10,720 Speaker 1: about these very elite institutions, and there's a big one, 386 00:24:10,840 --> 00:24:13,680 Speaker 1: right if you went to Harvard or Yale, your kid 387 00:24:13,720 --> 00:24:16,639 Speaker 1: has a much better chance of getting into Harvard Yale exactly. 388 00:24:16,760 --> 00:24:19,560 Speaker 1: So we know that schools are trying to do away 389 00:24:19,600 --> 00:24:22,359 Speaker 1: with legacy admissions. Amherst just recently said that they're going 390 00:24:22,440 --> 00:24:24,199 Speaker 1: to do it, and they think that this is going 391 00:24:24,280 --> 00:24:25,879 Speaker 1: to be one of the things that's going to help 392 00:24:26,200 --> 00:24:29,719 Speaker 1: boost diversity at the school. There was a recent study 393 00:24:29,920 --> 00:24:35,360 Speaker 1: that showed that legacies aren't necessarily more qualified or better students, 394 00:24:35,440 --> 00:24:38,520 Speaker 1: but they do tend to be less racially diverse the 395 00:24:38,720 --> 00:24:42,000 Speaker 1: non legacies. So it's just another kind of tool in 396 00:24:42,040 --> 00:24:45,280 Speaker 1: the tool belt that schools are considering and thinking about. 397 00:24:47,200 --> 00:24:49,639 Speaker 1: Is that really realistic, because you know that sort of 398 00:24:49,720 --> 00:24:54,280 Speaker 1: legacy enrollment is also a big driver of fundraising certainly, 399 00:24:54,440 --> 00:24:57,600 Speaker 1: and it is a really big consideration. You know. One 400 00:24:57,640 --> 00:25:00,240 Speaker 1: thing that came up a lot was this I idea 401 00:25:00,359 --> 00:25:03,720 Speaker 1: of all this kind of calculus that admissions offices now 402 00:25:03,720 --> 00:25:05,679 Speaker 1: have to do. How much money they're going to be 403 00:25:05,720 --> 00:25:08,320 Speaker 1: willing to spend too, like I said, grow that funnel 404 00:25:08,640 --> 00:25:11,479 Speaker 1: so that their applicant pool can be more diverse. How 405 00:25:11,560 --> 00:25:14,080 Speaker 1: much money they're potentially willing to give up from things 406 00:25:14,200 --> 00:25:18,480 Speaker 1: like legacy admissions, and how much does this matter to them? 407 00:25:18,560 --> 00:25:21,520 Speaker 1: And how much money are they willing to put forward 408 00:25:21,520 --> 00:25:24,760 Speaker 1: to maybe only move the needle a little bit. When 409 00:25:24,800 --> 00:25:27,840 Speaker 1: you look down the road five or ten years from now, 410 00:25:28,280 --> 00:25:31,440 Speaker 1: given how long it's taken for schools that did away 411 00:25:31,480 --> 00:25:36,480 Speaker 1: with fromtive action to recoup the losses in underrepresented students, 412 00:25:37,000 --> 00:25:42,119 Speaker 1: how big a dip can we anticipate seeing in students 413 00:25:42,280 --> 00:25:44,960 Speaker 1: who otherwise would have been admitted, and how long will 414 00:25:44,960 --> 00:25:47,879 Speaker 1: it take to bring it back up? So what I 415 00:25:47,920 --> 00:25:51,800 Speaker 1: expect that will happen in the very near term. In 416 00:25:51,840 --> 00:25:54,880 Speaker 1: the years immediately followings, we'll see a sharp drop off. 417 00:25:55,359 --> 00:25:58,399 Speaker 1: For example, in California at u c l A, we 418 00:25:58,520 --> 00:26:02,879 Speaker 1: saw the percentage of black students dropped by like fift 419 00:26:04,119 --> 00:26:06,520 Speaker 1: So we'll see that immediate drop off. And for those 420 00:26:06,560 --> 00:26:12,160 Speaker 1: schools that don't put the resources, the creativity, and the 421 00:26:12,200 --> 00:26:16,960 Speaker 1: time into continuing to reach out to underrepresented groups, to 422 00:26:17,040 --> 00:26:21,480 Speaker 1: coming up with novel solutions to using proxies. They're never 423 00:26:21,520 --> 00:26:24,720 Speaker 1: going to catch up because the schools that have done 424 00:26:24,760 --> 00:26:27,920 Speaker 1: all that and spent millions of dollars over a decade 425 00:26:28,320 --> 00:26:32,480 Speaker 1: are still barely getting there and even falling ashore. As 426 00:26:32,520 --> 00:26:36,760 Speaker 1: it is, we haven't really seen the all the policies 427 00:26:36,800 --> 00:26:38,600 Speaker 1: that the schools are going to potentially put in place. 428 00:26:39,040 --> 00:26:41,800 Speaker 1: And you know, one question that is a really really 429 00:26:41,840 --> 00:26:44,720 Speaker 1: big one is schools want to know where the line 430 00:26:44,760 --> 00:26:47,280 Speaker 1: is going to be drawn. Are they able to still 431 00:26:47,320 --> 00:26:51,000 Speaker 1: come up with recruiting programs that target let's say, black 432 00:26:51,040 --> 00:26:53,600 Speaker 1: students or is that not even going to be allowed? 433 00:26:54,080 --> 00:26:58,000 Speaker 1: So where is that line drawn? Where? How far are 434 00:26:58,040 --> 00:27:01,160 Speaker 1: they allowed to go? Essentially like where does admissions process 435 00:27:01,840 --> 00:27:05,040 Speaker 1: per se start? Kelsey Butler, thanks so much for taking 436 00:27:05,040 --> 00:27:09,720 Speaker 1: the time. Thank you. You can find more stories by 437 00:27:09,920 --> 00:27:14,800 Speaker 1: Kelsey Butler and Patricia Hurtado and Greg Store on Bloomberg 438 00:27:14,840 --> 00:27:19,119 Speaker 1: dot com. 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