As a white student sues a university for alleged racial discrimination, is this the end of affirmative action?

An educational system that has historically been set up to reinforce inequalities will take a lot of work to dismantle, says Lola Adesioye.

In 2008, high school graduate Abigail Fisher of Sugar Land, Texas, was disappointed to find that her application to the University of Texas at Austin, a leading public college, had been rejected.

If Miss Fisher had finished in the top ten percent of her year, which she didn’t, she would have been granted automatic admission to the university under Texas’ merit-based top 10 per cent rule, which admits to the public university system any high school student in the state who finishes in the top ten percent of his or her graduating class.

Fisher’s application, on the other hand, went into a pool in which a variety of factors are taken into consideration. Fisher – who is white - believes that her application to the University of Texas was denied because of her race.

On Wednesday, her case against the University of Texas, which she claims violated her rights under the Equal Protection Clause of the 14th amendment, will go up before the Supreme Court for review.

Although Fisher's case has already been seen by lower federal courts, and the constitutionality of UT's actions upheld, it is possible that this case could result in an overturning of a landmark 2003 ruling which allowed the University of Michigan’s Law School to use race in a "narrowly tailored" way to "further a compelling interest in obtaining the educational benefits that flow from a diverse student body" and which set the precedent for UT.

Justice Sandra Day O’Connor, one of the judges who presided over the 2003 case, stated at the time that:

The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.

However, if Fisher and her lawyers have their way the disbanding of affirmative action may happen far sooner than Justice O’Connor predicted.

This potential smackdown of affirmative action is good news for those who believe that racial diversity can be achieved through race-neutral policies alone. In a report released last week researcher Richard Kahlenberg claims that "universities [in states in which race-conscious admissions are prohibited] have implemented creative methods of assuring diversity."

However, this is not what the University of California – which is the largest selective higher education institution in America and operates a race-neutral admissions process and  – says about its own experiences. A case study released this summer revealed that

Although applications to the flagship campuses have doubled since 1995,and all groups have seen reductions in the percent of applicants offeredadmission, African American and Latino admittees have been reduced by 70 to 75 percent at UCLA and UC Berkeley, compared to just 35 and 40 percent for Asian and white applicants.

It goes on to say:

This disproportionate decline reflects the inequalities in the California educational system that fails to prepare African American, Native American and Latino students for highly competitive selection processes irrespective of their intellectual ability or likelihood of succeeding in their studies.

In fact, in a brief submitted to the Supreme Court in support of the University of Texas in this case, the University of California makes it clear that it does not believe that race-neutral policies are sufficient:

"[our] experience establishes that in California, and likely elsewhere, at present the compelling government interest in student body diversity cannot be fully realized at selective institutions without taking race into account inundergraduate admissions decisions…"

While race-neutrality sounds good in theory, I am not convinced that it is even possible in a country which is permeated by racial inequality, and in which racial disparities in the education system remain so stark. How is it possible to measure students in a race-neutral way if race plays such a role in educational outcomes and achievements? In order to have an effective race-neutral process at the top of the education chain, surely that would also require that there is race-neutrality from the outset?

Yet, the fact is that the inequalities that affirmative action originally sought to redress still remain. For example, while segregation in education is no longer legal, it is still ongoing, with some suggesting that it is even worse today than it was in the 1950s. This is partly as a result of continued residential segregation. In New York City, for example, it has been found that:

A student’s educational outcomes and opportunity to learn are statistically more determined by where he or she lives than their abilities.

In America, the achievement gap in education begins before kindergarten and continues through high school where African American and Latino students lag far behind their white counterparts. It would seem strange for there to be no policies at a higher education level which seek to take into account these ongoing racially-based structural imbalances. 

Education has long been considered the pathway to social mobility and in a world that requires better educated and more knowledgeable workers, not having equal opportunity of access to that education presents not only an issue for the individuals, who are more likely to find themselves consigned to lower-income work that requires lower skills, but also for the country which must maintain its competitiveness in the global marketplace.    

Unless more effective policies are put in place to address the deeper issues – racial inequalities, poverty, poor schools and low expectations, decaying urban areas, residential segregation and more – the result of stopping affirmative action can only be decreased chances for minority students and an increasingly unequal society.

Addressing these fundamental issues would have to go far beyond affirmative action in higher education, to a thorough review, revision and reform of the very nature of American society, as regards its minority citizens. It would actually require America to put in a great deal of work to ensure that from the very environment that the minority child is born into is a nurturing and more expansive one.

High poverty areas – in which African-American, American Indian and Latino children are six to nine times more likely than to live than white children – would need to be transformed. There would need to be a deeper level of commitment from the government to the eradication of poverty, which appears to have been overlooked in this election cycle with the focus being on the middle class and wealthy.

Ironically, the more one thinks about what is needed, the more it is clear that lack of educational opportunity and access is itself the main barrier to the solution of these issues. But an educational system that has historically been set up to reinforce inequalities will take a lot of work to dismantle.  

Some have suggested that class-based affirmative action would be a better, or perhaps more palatable, alternative to race-conscious affirmative action. Of course, there are minority students who are not from economically disadvantaged backgrounds, and white students who are. President Obama has said that his daughters, for example, would not need the benefit of a race-based affirmative action. 

However, although the inclusion of class is welcomed and necessary in order to facilitate and formulate a more nuanced look at the various factors that affect opportunity and achievement, this is inadequate on its own. Race and class intersect, yet they are not the same thing and therefore one cannot be replaced with another. Research also suggests that the effect of this would be to increase the number of low-income white students and would not make up for racial inequality. Research from the University of California’s case, has found that:

While African American and Latino youth are much more likely to come from low-income homes than either whites or Asians (53 per cent of African American and 59 per cent of Latino youth are low-income compared to just 22 per cent of white and 28 per cent of Asian youth in California), less than half of the low-income students admitted to the freshman class in 2011 at UC were from underrepresented groups.

I am of the opinion that for as long as race continues to affect people's chances in life, it must be considered as a factor, because it is indeed a factor.

Perhaps if affirmative action is struck down, this would shine more of a spotlight on America’s education system as a whole and more work will be done to narrow the achievement and opportunity gaps between white Americans and minorities from an earlier age. Affirmative action may go away, but the reasons for its implementation still, unfortunately, remain. 

Although all eyes are on the forthcoming presidential election, the case of Fisher v University of Texas has the potential  to usher in a new reality into America and to change the course of this nation. Let’s hope that the Supreme Court justices make the right decision.

The clock tower of the University of Texas at Austin. Photograph: Getty Images

Lola Adesioye is a British-born commentator, writer and broadcaster of Nigerian heritage. She has been described as “one of Nigeria’s top 10 wordsmiths”, “an emerging face to watch” and “one of 11 sharp black commentators in America”.

Lola’s written work – mostly commentary and features on topical UK, US and African social, political and cultural issues - has been published in a variety of international publications.

GARY WATERS
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In defence of expertise: it’s time to take the heart out of “passionate” politics

What we need is cool logic.

We are living through a bonfire of the experts. During the EU referendum campaign, Michael Gove explained that people had had enough of them. A few weeks later, his fellow Tory MPs took him at his word and chose a relative ingénue to run against Theresa May.

After declaring for Andrea Leadsom in the Tory leadership race, Michael Howard was asked whether it might be a problem that she had never held a position higher than junior minister. Howard, whose long career includes stints as home secretary and opposition leader, demurred: “I don’t think experience is hugely important.”

Even in this jaw-dropping season, that comment caused significant mandibular dislocation. I thought: the next Tory leader will become prime minister at a time of national crisis, faced with some of the UK’s most complex problems since the Second World War. If experience doesn’t matter now, it never does. What does that imply about the job?

Leadsom’s supporters contended that her 25 years in the City were just as valuable as years spent at Westminster. Let’s leave aside the disputed question of whether Leadsom was ever a senior decision-maker (rather than a glorified marketing manager) and ask if success in one field makes it more likely that a person will succeed in another.

Consider Ben Carson, who, despite never having held elected office, contested the Republican presidential nomination. He declared that Obamacare was the worst thing to happen to the United States since slavery and that Hitler may have been stopped if the German public had been armed. Yet Carson is not stupid. He is an admired neurosurgeon who pioneered a method of separating conjoined twins.

Carson is a lesson in the first rule of expertise: it does not transfer from one field to another. This is why, outside their domain, the most brilliant people can be complete dolts. Nevertheless, we – and they – often assume otherwise. People are all too ready to believe that successful generals or entrepreneurs will be good at governing, even though, more often than not, they turn out to be painfully inept.

The psychologist Ellen Langer had her subjects play a betting game. Cards were drawn at random and the players had to bet on whose card was higher. Each played against a well-dressed, self-assured “dapper” and a shabby, awkward “schnook”. The participants knew that it was a game of chance but they took more risks against the schnook. High confidence in one area (“I’m more socially adept than the schnook”) irrationally spilled over into another (“I’ll draw better cards”).

The experiment points us to another reason why we make poor judgements about competence. We place too much faith in social cues – in what we can see. As voters, we assume that because someone is good at giving a speech or taking part in a debate, they will be good at governing. But public performance is an unreliable indicator of how they would cope with running meetings, reading policy briefs and taking decisions in private. Call it the Boris principle.

This overrating of the visible extends beyond politics. Decades of evidence show that the job interview is a poor predictor of how someone will do in the job. Organisations make better decisions when they rely on objective data such as qualifications, track record and test scores. Interviewers are often swayed by qualities that can be performed.

MPs on the Commons education select committee rejected Amanda Spielman, the government’s choice for the next head of Ofsted, after her appearance before them. The committee didn’t reject her because she was deficient in accomplishments or her grasp of education policy, but because she lacked “passion”. Her answers to the committee were thoughtful and evidence-based. Yet a Labour MP told her she wasn’t sufficiently “evangelical” about school improvement; a Tory asked her to stop using the word “data” so often. Apparently, there is little point in being an expert if you cannot emote.

England’s football team is perennially berated in the media for not being passionate enough. But what it lacks is technique. Shortly before Wales played England in the European Championship, the Welsh striker Gareth Bale suggested that England’s players lacked passion. He knew exactly what he was doing. In the tunnel before kick-off, TV cameras caught the English goalkeeper Joe Hart in a vessel-busting frenzy. On the pitch, Hart allowed Bale to score from an absurdly long range because he was incapable of thinking straight.

I wish there were less passion in politics and more cool logic; less evangelism and more data. Unthinking passion has brought the Labour Party to its knees and threatens to do the same to the country. I find myself hungering for dry analyses and thirsting for bloodless lucidity. I admire, more than ever, those with obscure technical knowledge and the hard-won skills needed to make progress, rather than merely promise it.

Political leadership is not brain surgery but it is a rich and deep domain. An effective political leader needs to be an expert in policy, diplomacy, legislative process and how not to screw up an interview. That is why it’s so hard to do the job well when you have spent most of your time in boardrooms or at anti-war rallies.

If democratic politicians display contempt for expertise, including their own, they can hardly complain if those they aspire to govern decide to do without the lot of them. 

Ian Leslie is a writer, author of CURIOUS: The Desire to Know and Why Your Future Depends On It, and writer/presenter of BBC R4's Before They Were Famous.

This article first appeared in the 21 July 2016 issue of the New Statesman, The English Revolt