Supporting Race-Conscious Admissions in Higher Education

Floor Speech

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Mr. DAVIS of Illinois. Mr. Speaker, as we end the 2024 session of the Supreme Court and prepare for students to return to school, I wish to reaffirm the need for race-conscious decisions in higher education to ensure that students of color receive fair consideration in admissions.

Affirmative action is an important equity tool to counteract the effects of discrimination and structural barriers to education facing students of color, a tool that emerged from the Civil Rights Movement in the 1960s. President John F. Kennedy first established affirmative action to promote racial equality and prevent unfair labor practices through an executive order in 1961 that created the President's Committee on Equal Employment Opportunity. The landmark Civil Rights Act of 1964 went further to prohibit discrimination and promote equal opportunity based on race, color, religion, sex, and national origin. Subsequent executive orders, laws, and holdings by the Supreme Court supported race- and gender-conscious actions to address discrimination and enforce the Civil Rights Act of 1964.

The consideration of race in college admissions promotes equal treatment without regard to race, color, religion, or national origin. The resulting campus diversity is a crucial element of quality higher education. Diversity curates higher learning opportunities and fosters a sense of belonging for traditionally-marginalized communities. Research shows that a strong sense of belonging has many positive outcomes for students, including improved persistence, retention, grades, and health. Diversity in higher education expands perspectives, promotes innovation, and prepares students to interact with our diverse citizenry.

One year ago, the Supreme Court gutted 50 years of race-conscious admissions in higher education with its decision in Students for Fair Admissions Inc. v. President and the Fellows of Harvard. In a 6-3 decision, the extremist-dominated court ruled that affirmative action violated equal protection under the 14th Amendment. The 14th Amendment manifested new freedom and rights at the federal level by establishing ``equal protection under the laws'' for all American citizens regardless of race. Shockingly and offensively, the conservative- dominated court manipulated an amendment intended to cultivate racial equality to stifle programs that correct systemic racial discrimination. I firmly agree with Justices Jackson and Sotomayor who opposed the ruling. Justice Sotomayor warned that ``. . . racial inequality will persist in educational institutions so long as it is ignored.'' Justice Jackson noted the contradictory nature of the absence of race in admissions decisions but not in military academies, prioritizing racial inclusion for military benefit rather than educational enrichment.

The 7th District of Illinois, Chicago, and Illinois are home to millions of families whose children deserve the same access to higher education opportunities that privileged individuals enjoy. Extremists' attacks on race-conscious admissions jeopardizes the future educational opportunities of Black and Brown children. A colorblind approach to the college admissions process does not acknowledge the entrenched racial struggles that minorities face in America. When institutions fail to acknowledge race, they fail to recognize the barriers to education associated with race that can perpetuate racial inequality in higher education. The Supreme Court's promotion of a colorblind society serves to protect the wealthy and well-connected.

I vow to fight for equal opportunity and justice. We must protect the tools that are key to securing our civil rights--like race-conscious admissions, free and fair elections, and voter protections--to ensure that our nation's progress in civil rights does not reverse. Advancement toward racial equality cannot be made without consideration of race.

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