Here’s what SC colleges, universities say about Supreme Court’s affirmative action ruling

Universities in South Carolina say they are ready to comply with the United States Supreme Court’s affirmative action ruling, but many of them did not have such programs for admissions even before the decision.

The June 29 ruling ended more than 40 years of legal precedent and found that affirmative action programs at universities violate the U.S. Constitution’s 14th Amendment by discriminating against non-minority applicants.

Previous rulings had allowed affirmative action programs that considered race along with other criteria, but race could not be the deciding factor in a student’s acceptance.

Thursday’s decision, written by Chief Justice John Roberts, allows for an individual’s experience with race or discrimination to still be considered in applications, Roberts said. Universities can consider an applicant’s discussion “of how race affected his or her life, through discrimination, inspiration or otherwise,” Roberts wrote, according to The Washington Post.

“In other words, the student must be treated based on his or her experiences as an individual — not on the basis of race.”

Military academies are exempt from the ruling and will continue to have affirmative action programs.

How does this affect South Carolina schools?

The University of South Carolina, Clemson University and College of Charleston all have affirmative action and equal opportunity policies for hiring practices and participation in university programs, but none of the policies explicitly include admissions practices.

“The University of South Carolina remains steadfast in its continuing commitment to compliance with the law and to a campus environment that supports and respects individuals with a variety of life experiences, including first-generation students, active-duty military and veterans, students with disabilities, and those from underrepresented backgrounds,” USC President Michael Amiridis said in a statement.

According to USC’s most recent policy, affirmative action is an “integral part” of the university’s mission. The university’s admission policies do not include provisions for race, university spokesperson Jeff Stensland.

“We will continue to welcome qualified students who contribute to our diverse university learning environment and embrace a student body that reflects the people and communities that make up our state and our nation,” Amiridis said in a statement.

Clemson University takes a “holistic” approach to admissions, spokesman Joe Galbraith said in a statement.

“Clemson will abide by applicable court rulings as we continue to encourage all talented students from South Carolina and elsewhere to attend Clemson,” Galbraith said.

A Clemson student organization received criticism in February for hosting an “affirmative action bake sale,” charging different prices for baked goods based on a customer’s race.

College of Charleston’s enrollment team has been preparing for the decision and its possible impacts, Mike Robertson, senior director of media relations, said.

“Now that we have the ruling in hand, we will study it closely and evaluate our next steps,” he said.

The Post and Courier reported in 2018 that the College of Charleston had quietly retired its affirmative action practices in the admissions process two years earlier.

Midlands Technical College and other institutions in the state’s Technical Education System have an open admissions policy under state law, Kevin Floyd, Midlands Tech’s director of public information, said. He had no indication the Supreme Court ruling would have any effect on the school’s policies, he said.

The South Carolina Commission on Higher Education had “nothing to contribute” in regards to the ruling, spokesperson Mark Swart said.

Several state lawmakers filed a bill in April that would prohibit public colleges and universities from promising admission or benefits to applicants who express opinions on diversity, equity, inclusion or any related issue. This would also apply to employment decisions. The bill is currently in committee.

Politician reactions

Gov. Henry McMaster said Thursday he had not read the court’s opinion, but looked forward to doing so.

“I think that’s the right decision and I think most people do,” he said in an unrelated news conference.

When asked about a possible decrease in Black student enrollment, McMaster said he was confident scholarships and other programs would continue to “get all our people as far as they want to go in college.”

Republican presidential candidates Nikki Haley and Tim Scott released statements supporting the decision, as did U.S. Sen. Lindsey Graham. Graham, a Seneca Republican, also said the decision was an example of the importance of putting conservative justices on the Supreme Court.

“Picking winners and losers based on race is fundamentally wrong,” Haley, a former South Carolina governor, said in a statement. “This decision will help every student — no matter their background — have a better opportunity to achieve the American Dream.”

“This is the day we understand that being judged by the content of our character, not the color of our skin, is what our Constitution intended,” Scott, a U.S. Senator from Charleston, said on Twitter. The decision “is good news for every single corridor of this nation and one we should celebrate.”

“Providing benefits to one group at the expense of another, who have done nothing wrong, has never been fair,” Graham said on Twitter. “The Supreme Court rightly decided race conscience decisions, pitting one group against another, are wrong. It was a long overdue decision.”

The South Carolina Legislative Black Caucus said the ruling would disadvantage a significant number of minority students and was “not just a setback for affirmative action but a troublesome impediment to the very essence of the American Dream.”

“Although not perfect in its application, the decision to bar affirmative action is a gross misstep,” the caucus said in the statement. “Affirmative action has been a powerful instrument for creating a more equitable society, promoting diversity and inclusivity, broadening perspectives, and fostering a greater understanding among people from all walks of life.”

State Rep. Marvin Pendarvis, D-North Charleston, a member of the caucus, reacted negatively to the ruling.

“A very disappointing but expected outcome given the makeup of the Court,” he said on Twitter. “Arguably, the worst thing to come out of the Trump presidency are his SCOTUS appointments.”

Background

Supporters of affirmative action maintain those programs ensure diversity in student populations and provide opportunities for historically disenfranchised groups.

Students of color continue to be underrepresented in many of South Carolina’s state schools, according to data from the S.C. Commission on Higher Education. Black and Hispanic student enrollment has grown little, if at all. In the fall of 2022, 10% of USC’s students were Black, though nearly one-third of South Carolina’s population is Black, according to the U.S. Census Bureau.

Clemson does not publish race statistics, but U.S. Census Bureau estimated the campus population as 11% Black in 2022.

Midlands Tech reported 37% of its students were Black as of spring 2022., according to the school’s website. The percentage of Black students at the school has held steady between 35% and 36% since fall 2017.