The Evolution of Race-Based Admissions in American Higher Education

Authors

Chenglin Liu

Abstract

This Article examines the Supreme Court’s evolving position on racebased admissions policies over the past 127 years. Between Plessy and Brown, universities used race-based policies to exclude black applicants from white universities. Brown shifted admissions policies from blocking black students to accepting them. As affirmative action gained momentum, universities escalated from merely accepting minority candidates to proactive recruitment by using quotas and lowering their admissions standards. The Court in Bakke set the ground rules for race-based admissions during that period. In 2003, Grutter upheld the university’s pursuit for a “critical mass” of minority students in its entering class. Two decades later, the “critical mass” rule was invalidated by SFFA v. Harvard in 2023, ending race-based admissions. This Article concludes that the Court consistency in its jurisprudence on race-based admissions policies lasted only a few decades.7 The change of composition in the Court as a result of political influences was a major driving force behind its shifting positions.

Recommended Citation

Liu, Chenglin (2025) "The Evolution of Race-Based Admissions in American Higher Education," Ohio Northern University Law Review: Vol. 51: Iss. 1, Article 4.
Available at: https://digitalcommons.onu.edu/onu_law_review/vol51/iss1/4