The Departments of Education and Justice, which released the guidance together, encouraged colleges to thoroughly review and update their admissions policies to ensure compliance with the Supreme Court’s finding that considering race as a factor “in and of itself” was illegal.
But they also stressed what many legal experts have pointed out since the decision was handed down: that considerations of how an applicant’s race has affected their individual experience could still be considered when making admissions decisions, and that the court did not deny the value of diverse student experiences on campus.
“Although this decision changes the landscape for admissions in higher education, it should not be used as an excuse to turn away from long-standing efforts to make those institutions more inclusive,” associate attorney general Vanita Gupta said at a news conference this morning. “Race can be relevant to a person’s life or a lived experience, and may impact one’s development motivations, academic interests or personal or professional aspirations. That impact can still be considered.