Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/188

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Cite as: 600 U. S. ____ (2023)
49

Sotomayor, J., dissenting

young people’s experiences are shaded by a societal structure where race matters. Acknowledging that there is something special about a student of color who graduates valedictorian from a predominantly white school is not a stereotype. Nor is it a stereotype to acknowledge that race imposes certain burdens on students of color that it does not impose on white students. “For generations, black and brown parents have given their children ‘the talk’—instructing them never to run down the street; always keep your hands where they can be seen; do not even think of talking back to a stranger—all out of fear of how an officer with a gun will react to them.” Utah v. Strieff, 579 U. S. 232, 254 (2016) (Sotomayor, J., dissenting). Those conversations occur regardless of socioeconomic background or any other aspect of a student’s self-identification. They occur because of race. As Andrew Brennen, a UNC alumnus, testified, “running down the neighborhood … people don’t see [him] as someone that is relatively affluent; they see [him] as a black man.” 2 App. in No. 21–707, at 951–952.

The absence of racial diversity, by contrast, actually contributes to stereotyping. “[D]iminishing the force of such stereotypes is both a crucial part of [respondents’] mission, and one that [they] cannot accomplish with only token numbers of minority students.” Grutter, 539 U. S., at 333. When there is an increase in underrepresented minority students on campus, “racial stereotypes lose their force” because diversity allows students to “learn there is no ‘minority viewpoint’ but rather a variety of viewpoints among minority students.” Id., at 319–320. By preventing respondents from achieving their diversity objectives, it is the Court’s opinion that facilitates stereotyping on American college campuses.

To be clear, today’s decision leaves intact holistic college admissions and recruitment efforts that seek to enroll diverse classes without using racial classifications. Universities should continue to use those tools as best they can to