In a climate in which a proliferation of protests by students of color on campuses across the country ― and a lawsuit in the state of Maryland against the state for maintaining separate and unequal systems of education for the Black students in the state ― are shedding light on the persistent discrimination of students of color, the Fisher case outcome is even more critical for the future of educational opportunities for non-White students.
Dr. Stella M. Flores, an associate professor of higher education at New York University Steinhardt School of Culture, Education, and Human Development, said that it’s telling that “students are protesting in states where the use of race-conscious policies is generally allowed and the resulting outcomes of representation on student bodies, faculties and administration, is still one that causes concern and other feelings of discontent.”
The growing unrest across the country points to the fact that students and faculty of color are still not treated or seen as equals, many say. Thus, the elimination of race as a consideration in hiring and admissions on the grounds that there has been significant enough progress made on achieving diversity without specific race-conscious policies is simply untrue, said Erwin Chemerinsky, founding dean at the University of California, Irvine School of Law, during a debate last week hosted by Intelligence Squared U.S. and the National Constitution Center.
“We cannot discuss affirmative action outside of the context of American history,” he said. “Throughout American history, there have been separate and unequal schools based on race, and that’s not a thing from long ago.
“Just a couple of decades ago, Harvard professor Christopher Jencks found that an average 20 percent less is spent on an African-American child’s elementary and secondary school compared to a White child’s elementary and secondary school,” Chemerinsky continued. “Today, about 90 percent of the students in private schools are White. The reality is that race matters enormously in how all of us experience society.”
Deborah N. Archer, a professor of law at New York Law School and amicus counsel in Fisher, agreed, saying, “To assess the impact of race-conscious admissions programs, we must first acknowledge the critical factors that contribute to any alleged Black or Latino underperformance in the classroom. And those include racial discrimination. They include discrimination by professors. They include inadequate K-12 education systems. They include stereotype threat.”
