THE FALL OF AFFIRMATIVE ACTION

Opportunity for all.

For many Americans, affirmative action remains a pathway to economic and social advancement. Others, however, believe it to be an impediment to fair evaluation. This book by Driver, a professor at Yale Law School, shows how the Supreme Court played the defining role in determining the place of race and gender in the fabric of American life. It focuses on the 2023 case Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (abbreviated as SFFA) as the decision that effectively killed affirmative action as a legally enshrined practice. Driver argues that the tradition of taking race into consideration in college admissions created opportunities for historically underrepresented minority students. The author presents material from surveys and studies to show that classroom and workplace diversity enhances intellectual inquiry and fosters a productive competitiveness in the economy at large. He also reviews the arguments against affirmative action: that it privileges identity over accomplishment; that it potentially advances students who are otherwise unprepared for “elite” institutions; that it runs counter to a race-blind ideal of American meritocracy. SFFA was, in the author’s view, a radical decision, one made not transparently through argument and evidence, but disingenuously. Chief Justice John Roberts’ opinion “managed to violate virtually every tenet of the judicial approach that he announced [during his confirmation hearings]….The opinion evinced no willingness whatsoever to relinquish his own ideological priors in order to embrace the larger institutional considerations.” In short, SFFA was a product of changes in court personnel rather than of principled argument. It is now up to universities, the author argues, not to acquiesce in the face of judicial spinelessness or presidential extortion, but rather to fight vigorously for classrooms inclusive of all Americans, irrespective of the color of their skin or the thickness of their wallets.

A judicious assessment of the history of affirmative action, with strong arguments for diversity in the wake of its demise.