Where is the reality and science in SCOTUS’ SFFA v Harvard decision?

The Supreme Court of the United States (SCOTUS) June 29, 2023, affirmative action ruling in SFFA v Harvard lacks a scientific or rational foundation. Today, my professional association, the American Psychological Association (APA), rightly denounced the Supreme Court decision ending the right to consider race in college admissions.”

#APA had filed a comprehensive, science-based amicus brief in this case: https://www.apa.org/about/offices/ogc/amicus/student-fair-admissions

That APA-delivered science stands, despite today’s court ruling, which lays bare any notion that decisions based on legal authority are the same as decisions based on science, fact, logical reasoning, or social reality. Either the deciders are out of touch with the realities of life in America or willfully choose to disregard these realities.

The carveout for military academies proves that the Court recognizes the actual value of affirmative action even as it makes this ruling. In other words, military academies can continue to use affirmative action because it is in the national (military) interest.

“The United States as amicus curiae contends that race-based admissions programs further compelling interests at our Nation’s military academies. No military academy is a party to these cases, however, and none of the courts below addressed the propriety of race-based admissions systems in that context. This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present.”

SCOTUS, June 29, 2023 in SFFA v Harvard.

If facts, science, logic, reason (and even their own legal precedent – Grutter v. Bollinger, it’s 2003 opinion that said universities could consider race a factor in admissions decisions) are insufficient to lead the nation’s highest court to protect the least advantaged in our society, what alternative
criteria are they using to make these critical decisions?

But those who favor that “more perfect” society must press on, with clarity, that while some with power do not support any rebalancing of their power, the ebb and flow of generations and the (never-ceasing) innovation of the oppressed will make tomorrow better than today.

Will corporate leaders use this ruling to dilute #DEI efforts further?

That could happen, but I believe that most leaders would see the folly of doing so, especially in this disrupted marketplace. The only leaders who would backtrack on DEI work would be those, like the Court, that are out of touch with their employees’ lives AND don’t value making data-based decisions.

Leaders will have to make a stand, minus any hypocrisy.

Consider this as we approach the Nation’s 247th commemoration of Independence on July 4th, 2023.

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Dr. Gena Cox is an organizational psychologist, coach, and speaker who helps leaders enhance their leadership impact, build inclusive organizations, and make purpose-driven career pivots. Gena’s decades-long career as both employee and advisor to Fortune 500 and other global companies powers her incisive-yet-nuanced approach. Her award-winning book, “Leading Inclusion,” captures her unique insights to help leaders build inclusive organizations. She is quoted in publications such as Harvard Business Review, Fortune, Forbes, The New York Times, Newsweek, and Business Journals. www.genacox.com