Education, Race, and the Return of Liberal Equality

• In Event: Democracy and Education: Authoritarianism, Resistance, and Racial Justice

Abstract

This paper examines how the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard signals a return to a liberal equality framework that undermines racial justice in higher education. Rather than advancing the substantive racial equality principles reflected in Brown v. Board of Education, the Court reaffirms a formalistic interpretation of the Equal Protection Clause rooted in Plessy v. Ferguson—one that emphasizes equal treatment while ignoring historical and structural inequality.

This shift has significant implications for higher education law and policy. The ruling treats race-conscious admissions policies and equity-centered initiatives as constitutionally suspect, while accepting racial disparities as permissible so long as they are not explicitly intentional. The Court’s decision reinforces a colorblind legal approach that strips the Constitution of its capacity to address systemic racism within colleges and universities.

The paper explores how Students for Fair Admissions redefines equality in ways that delegitimize longstanding efforts to promote inclusion, diversity, and redress for racial harm. By framing efforts to achieve equity as unfair advantages, the Court not only undermines race-conscious admissions but also calls into question the legal grounding for a broad array of higher education diversity, equity, and inclusion commitments. This turn away from race-conscious justice reflects a broader political and legal retreat from multiracial democracy.

Ultimately, this paper argues that the Court’s embrace of liberal equality—understood as formal sameness rather than equity—reproduces racial hierarchy under the guise of neutrality. It calls on education scholars and legal theorists to critically examine how evolving constitutional interpretations shape the boundaries of what is possible in the pursuit of racial justice in higher education.

Author

• Areto A. Imoukhuede, Florida A&M University