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Syracuse University plans to pursue diversity and equitable admissions through recruitment in the case the Supreme Court bans affirmative action in college admissions, an SU spokesperson told The Daily Orange in a written statement.

Following arguments on Monday in two cases against Harvard College and the University of North Carolina, the court could ban the use of affirmative action and race consideration in admissions processes.

The cases that the group Students for Fair Admissions brought against each institution call into question Grutter v. Bollinger, a 2003 case in which the court decided that the University of Michigan Law School’s race-informed admissions process did not violate the Equal Protection Clause of the Fourteenth Amendment, or Title VI of the Civil Rights Act of 1964.

“A diverse student body and inclusive environment creates opportunity and enriches our entire community,” wrote Senior Associate Vice President for Communications Sarah Scalese. “Regardless of the Supreme Court’s rulings in the Harvard University and University of North Carolina-Chapel Hill cases, Syracuse University will remain a place that is welcoming to all and provides opportunities for students of diverse races, ethnicities, cultures, backgrounds, experiences and perspectives.”

The court could overturn Bollinger if the decision aligns with Students for Fair Admissions’ claim that the universities’ race-informed admissions processes violate the Fourteenth Amendment. The group’s lawsuit against Harvard also claims the college violates Title VI of the Civil Rights Act by penalizing Asian American applicants and unfairly applying race as a factor in admissions decisions.

The case against UNC also calls into question whether the university should be able to reject a race-neutral alternative to affirmative action in order to maintain the composition of its student body.

Syracuse University College of Law Professor and Vice Dean Keith Bybee said the implications of the court’s decisions, which will likely come in June 2023, will differ based on the court’s arguments. He said the court could decide to interpret the Equal Protection Clause and Title VI in the same way, or interpret and apply them differently.

He added that though the court taking both cases could indicate that it will decide based on both the Constitution and Title VI, it’s uncertain how the court will use historical and textual context in its decision.

“You can think of this like a table with rows and columns. It depends what box we land in,” Bybee said. “How do we understand the language in this statute? Are we going to interpret it in such a way that allows for affirmative action or extremely restricted circumstances, or are we interpreting in some way that it’s a across the board prohibition on the use of race and ethnicity?”

Student Association President David Bruen said rolling back of decades of legal precedent would be destructive and harmful to institutions like SU.

“If the court sides with Students for Fair Admissions, then institutions like Syracuse University may very well become less diverse in every way imaginable,” Bruen said.

At Monday’s SA meeting, Senior Vice President and Chief Student Experience Office Allen Groves said the university is preparing for the “worst case scenario.” He said during the meeting the university is prepared to hire lawyers.

Bybee said a more originalist interpretation of the U.S. Constitution might favor a ruling based on Title VI, considering the Equal Protection Clause allows for the government to take race into consideration.

He also said Title VI applies to UNC, though it’s a public university, because it takes federal funding. For this reason, he said resting the decision on legislation is in some ways more limited than a constitutionally-based ruling.

“At least theoretically it allows colleges and universities to avoid the prohibition on affirmative action by turning down federal funding,” Bybee said. “So in that sense, it’s more limited, right? You can’t escape the Constitution.”

News Editor Kyle Chouinard and Asst. News Editor Brittany Miller contributed to reporting for this article.

Published on November 1, 2022 at 3:00 am

Contact Jana: jlseal@syr.edu | @JanaLoSeal