Students for Fair Admissions v. University of NC (21-707)

argument 21-707

Students for Fair Admissions v. University of NC

Supreme Court of the United States 2h 44m 8 speakers 7 chapters transcribed 8 days ago official recording ↗

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Why does the brief argue that all racial classifications are unconstitutional?

John G. Roberts 0:00

We will hear argument first this morning in case twenty one seven hundred zero seven, students for fair admissions versus the University of North Carolina. Mr. Strawbridge.

Thomas G. Hungar 0:10

Mr. Chief Justice, and may it please the court. Racial classifications are wrong. That principle was enshrined in our law at great cost following the Civil War. A century of resistance to race neutrality followed, but this court's landmark decision in Brown finally and firmly rejected the view that racial classifications have any role to play in providing educational opportunities. Since then, the court has broadly enforced the Constitution's prohibition on the use of racial classifications. Whatever factors the government may use in deciding which jurors to sit, who you may marry, or which primary schools our children can attend, skin color is not one of them. Grudder is a glaring exception to this rule.

Thomas G. Hungar 0:52

This court should overrule it. First, Grudder is grievously wrong. Its view that the educational benefits of diversity justify racial classifications contradicts the Fourteenth Amendment's guarantee of equal treatment. It relied upon stereotypical assumptions that race is necessarily a proxy for one's viewpoint, and its purported limits are empty and self contradictory, which is why UNC simply ignores them. Grudter also creates many negative effects. Some applicants are incentivized to conceal their race. Others who were admitted on merit have their accomplishments diminished by assumptions that their race played a role in their admission. And there is no evidence that after two decades, Grudder has somehow reduced the role of race on campus.

Thomas G. Hungar 1:33

Finally, no one is actually relying on Grutter. The opinion forecast its own demise, and it made clear that race-based admissions must be diminishing over time. But that has not happened. UNC officials testified that they cannot imagine any scenario that would actually lead them to end their racial preferences. UNC claims license to use race in perpetuity, and the district court held that Grutter allows this. Racial classifications are wrong, and this court should overrule Grutter.

Clarence Thomas 2:03

Uh Mr. Strawbridge, uh Uh the respondents argue that if you don't consider race, uh you won't be able to uh consider the whole person in the admissions process. How do you respond to that? Uh

Thomas G. Hungar 2:20

I this court has always said that racial classifications are necessarily invidious. And certainly it is possible that that an applicant, for example, could write something in which race provides a context for their experience. But just considering race and race alone is not consistent with the Constitution. It's also not consistent with other holistic approaches that this court takes. There's great freedom, for example, to to strike a juror, but one thing you can't strike a juror for. in part is their race. You can um uh in awarding child custody, uh the most holistic uh process perhaps known to law is the best interest of the child, but this court has held Race cannot be one of the factors you analyze in deciding that.

Clarence Thomas 2:59

Well I understand that, but on uh we're talking about an application to a university. Uh if you don't include race, I assume that respondents think that by including race it tells you something it uh uh about a person. If you don't include that, then what do you include on the application?

Thomas G. Hungar 3:21

Well you include their experiences, you include you know where they grew up, you might include their so do you include their socioeconomic status, you include all sorts of things that actually lead to broader diversity of viewpoints. The assumption that race necessarily informs something about anyone's qualifications is antithetical to this court's precedence and to our constitution.

Elena Kagan 3:39

Can we stop a moment? And I wanna break down what you're talking about. Um Sometimes race does correlate to some experiences and not others. If you're black, you're more likely to be in an under resource school. You're more likely to be taught by teachers. who are not uh uh as qualified as others. You're more likely to be viewed as less academic as having less academic potential.