University of Chicago Law School Professor Geoffrey R. Stone, a former dean, explained what the end of affirmative action means for students entering the college application process in the following interview. As law school dean, he witnessed the effects of affirmative action on the university. Professor Stone’s responses were lightly edited for length, clarity and style.
How does the decision impact the college admissions process?
“The decision says that it is impermissible for a college or university to explicitly take race into account in making admissions decisions. In the past, an institution could take into account race as one of the factors to create diversity and to address past discrimination when looking at its application group. And now, they cannot do that.”
How does the decision impact the application process for students?
“In the essay portion of the application, you can certainly talk about whatever your background is, whether it’s a woman or a gay or male, Black or white or Hispanic or whatever. And you can talk about that in the context of the essays. And particularly, if you’re from a group that is disadvantaged, you can talk about how you’ve dealt with that. And the college or university will be aware of that information. The difference is, applications cannot be discussed on the basis of race, but on the basis of the character of the individual and how their race has affected their experiences.”
How can students include race in applications?
“One thing they can do in theory is, since [admission officers] can take character and experience into account, then, they can say that Black applicants have had a much more difficult time in our society, and therefore, they will likely to be the beneficiaries of giving credit to people who’ve had to overcome those difficulties. Not literally because you’re Black, but because with the stories they tell in their applications. So there is some ambiguity in the decision.”
What implications will large institutions witness as a result of the decision?
“As has been the case in states which themselves have abolished and prohibited affirmative action, like say, California, there has been a significant decline in the number of Black students at these law schools, many major universities. And the negative effect that has had, I think, is both in terms of the experience of the students at those institutions and in terms of the disadvantage imposed upon the progress of Black citizens in our society.”
Will there be a decrease in diversity in higher education?
Unless they can find ways to circumvent the decision. You know, one thing they can do in theory is, since they can take character and experience into account, then they can of course say that Black applicants have had a much more difficult time in our society, and therefore, they will likely to be the beneficiaries of giving credit to people who’ve had to overcome those difficulties. Not literally because you’re Black, but because with the stories they tell in their applications. So there is some ambiguity about the extent to which they can do that. But it’s not going to be the same as it is today.