SCOTUS Decision on Affirmative Action Gives Hope to Latinos

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As part of their recent slate of decisions, the Supreme Court of the United States decided upon the legality of the University of Texas’ decision to consider race in its admissions process. The Supreme Court ruled 4-3 that the University can continue this practice.

Writing for the majority in the case, Justice Anthony Kennedy determined that the University considering was “a factor of a factor of a factor” and met the court’s interpretation of what is “constitutionally acceptable.”

The ruling comes at a time when Latino enrollment numbers at higher education institutions are increasing. Latinos still lag behind Whites in overall enrollment, though; they also fall behind Whites in earning college degrees. Advocates for affirmative action have long argued the benefits of diversity and that those benefits do not infringe on the constitutional guarantee of equal protection.

“This [ruling] will definitely benefit Latinos and all communities of color,” said Maríaelena Hincapié, executive director of the National Immigration Law Center in Washington, D.C. “It’s a wonderful decision and we’re very excited for our youth who will have expanded access to education.”

According to the latest U.S. Census Bureau numbers, the country’s Latino population is currently near 57 million. These numbers, once was fueled by immigration, are now largely due to births. This is a shift that has been happening for the last decade.

“Collegiate diversity isn’t simply an aspirational goal; it is critical to the success of our nation’s economy and our democracy,” said Robert Maldonado, president of the Hispanic National Bar Association. “We are pleased the Supreme Court agreed that diversity in higher education continues to be a compelling national interest, and worthy of race-conscious remedies.”

The Mexican American Legal Defense and Educational Fund (MALDEF) and the Puerto Rican Legal Defense and Educational Fund (PRLDEF) have both filed supportive arguments in the case backing the consideration of race in admissions.

“Our nation’s journey toward equal educational opportunity is an ongoing, arduous, and lengthy one that is far from over,” said MALDEF president and general counsel Thomas Saenz. “On that journey, we should at the very least avoid going backwards.”

The Latino population, overall, is significantly younger than the general U.S. population. Nearly one third of the Latino population is younger than 18, according to Pew Research Center. About one in four children in the U.S. being are Latino. The gap in enrollments and graduations from colleges and universities for Latinos is considered a factor that would be detrimental to the nation’s future workforce and the overall prosperity of the community.

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