It has been nearly 20 years since California voters banned affirmative action in college admissions. Campus diversity here has never recovered from the chain saw that was Proposition 209.
Black student enrollment at the University of California – never great to begin with – has plummeted since the ban passed, and current levels are downright abysmal. At UC Berkeley, African Americans have fallen from 6.3 percent of freshmen in 1995 to 2.8 percent this year. AT UCLA, black students have gone from 7.1 percent to a little over 4 percent of freshmen.
That’s 977 black Bruins out of a freshman class of more than 22,500. No wonder the Twitter hashtag #BlackOnCampus has become synonymous in California for “marginalized.”
That collective retreat has been not only a source of shame but an ongoing problem in many ways for the UC system and the diverse state that depends on, and underwrites, its graduates.
Now, with the U.S. Supreme Court preparing to weigh in next month on a major affirmative action case out of Texas, California is making sure that this state’s lessons won’t be lost on the high court.
The justices should listen. Briefs filed by the University of California and Attorney General Kamala Harris make it clear that practically and socially, dropping race as a factor in college admission here was a mistake.
Federal law allows race and ethnicity to be considered in college admissions, as long as it’s just one factor among many. Fisher v. University of Texas at Austin, brought by a white student who sued when she didn’t get into that elite state school, claimed that Texas discriminated against her, even with its very limited consideration of race.
In 2013, the Supreme Court heard the case, and kicked it back for review by the U.S. Court of Appeals for the 5th Circuit. Justice Anthony Kennedy, writing for the majority, said the lower court had to examine the admissions system more closely to determine whether Texas could have achieved its diversity goals with a more race-neutral system.
The 5th Circuit determined it couldn’t – no surprise to California. As the UC and Harris points out in the amicus briefs they’ve filed now that Fisher’s lawyers have again appealed that decision, Proposition 209 did remove race, and the student body demographics still haven’t completely rebounded.
A host of workarounds, from broadened admissions criteria to de-emphasizing standardized test scores, have failed to mitigate the damage, the UC noted. As a result, Harris’ brief added, the UC “has struggled” to maintain sufficient diversity.
“In the past two decades,” Harris wrote, “the number of Hispanic applicants to the University of California’s campuses in Los Angeles and Berkeley has increased 350 percent, but the number admitted has remained relatively constant.”
As campus after campus is discovering, a state whose opportunities don’t match its demographics is a state with problems. Kennedy, the perennial swing vote, should direct the Supreme Court’s attention westward, and not lead the rest of the country to reprise California’s mistake.