Education Secretary Miguel Cardona: Affirmative action ruling "eliminates a valuable tool" for universities

One day after the Supreme Court ruled to strike down affirmative action in college admissions, officials from the U.S. Department of Education say they intend to provide guidance to college presidents within 45 days that will clarify the implications of the landmark ruling, which states that race cannot be a determining factor in the admission process. 

The Supreme Court on Thursday ruled that race-conscious admission policies of Harvard College and the University of North Carolina violate the Constitution, bringing an end to affirmative action in higher education in a decision that will reverberate across campuses nationwide, raising concerns about access to higher education.

"We are not living up to our ideals in this country when it comes to ensuring equal access to higher education," U.S. Education Secretary Miguel Cardona told "CBS Mornings." 

"This decision eliminates a valuable tool that universities have utilized to provide access to students from diverse backgrounds."

Cardona and others including President Joe Biden expressed concern over Thursday's ruling and its long-term impact on education for underrepresented minority groups.

The Supreme Court decision does not apply to military academies due to the "potentially distinct interests" they present. It also does not apply to legacy admission, the practice of giving preferential treatment or consideration to applicants who have family members, usually parents or grandparents, who attended the institution, which Cardona believes contributes to disparities in access within universities like Harvard.

"If someone can just write a check and pay the tuition, that's a factor that's being used to allow for admission. And again, it speaks to the challenge that we're going to have in this country when the Supreme Court is making a decision that takes away this tool from higher education institutions," said Cardona.

Regarding the Biden administration's commitment to affirmative action despite a lack of positive public opinion, Cardona said it was important to address the inequities and ensure access to higher education for all students.

He pointed to the example of when California eliminated affirmative action in 1996, resulting in a significant decrease in Black and Latino student enrollment in top-tier schools. Efforts have been made to recover from this decline, but the representation of Black and brown students in higher education institutions remains lower than before the ban.

Cardona acknowledged the desire for equality to start earlier in the education system, expressing that the Department of Education is focused on addressing disparities and not ignoring the lack of equal access to higher education.

"Diverse student bodies in higher education make the learning better for all students," Cardona said.

Dr. Ruth Simmons, the first black president of an Ivy League school and currently a President's Distinguished Fellow at Rice University and a senior adviser to the president of Harvard University, testified in support of affirmative action during the hearings.

She told "CBS Mornings" that an overlooked aspect of the ruling was within Chief Justice John Roberts' statement that students should be evaluated based on their individual experiences, challenges faced, skills developed, and lessons learned. Simmons pointed out that this allows for continued consideration of a diverse range of factors, providing some hope.

"We're still able to consider a diversity of factors... so I am not given to seeing this as being as detrimental as many," Simmons said.

She advises that while the ruling may be discouraging, it should not deter students.

"We want them to continue to concentrate on their work, work hard in their courses of course, but learn to become a total human being. Be involved in activities, be involved in doing good for your community, be involved in developing all of who you are as a human being. And admissions people will see that in addition to everything else you bring," Simmons said.

In:
• Affirmative Action
• Supreme Court of the United States