DIFFERENCE AND DRIVE CHANGE.

>> THE SUPREME COURT STRIKES DOWN AFFIRMATIVE ACTION IN COLLEGE ADMISSIONS , A POLICY THAT HAS WITHSTOOD CHALLENGES GOING BACK TO 1978.

JUSTICE JACKSON CALLED THE DECISION A TRAGEDY, SAYING, WITH OBLIVIOUSNESS , THE MAJORITY PULLED THE REPORT AND ANNOUNCED : IS FOR ALL BUT THE MAIN RACE IRRELEVANT IN LAW DOES NOT MAKE IT SO IN LIFE.

HIGHER EDUCATION INSTITUTIONS WISHING TO ACHIEVE DIVERSITY STUDENT BODIES NEED TO FIND A NEW WAY FORWARD.

JOINING US IS CHRISTIAN PERRY WITH THE PARTNERSHIP FOR COLLEGE , NICHOLAS JONES, EXECUTIVE VICE PRESIDENT WITH THE UNIVERSITY OF ILLINOIS SYSTEM, AND PROFESSOR OF LAW AND ASSOCIATE DEAN OF RESEARCH AT NORTHWESTERN UNIVERSITY.

THANK YOU FOR JOINING US.

PAUL, GIVE US A HISTORY ON HOW AFFIRMATIVE ACTION CAME TO BE.

>> THE COURT , IN THE LATE 1970s, ULTIMATELY , IN THE EARLY 2000'S, ARTICULATING THIS THEORY , ACCORDING TO WHICH, EVEN THOUGH THEY 14th AMENDMENT REQUIRES A STATE NOT ENGAGE IN ACTION THAT IS CONSCIOUS OF RACE.

YOU CAN DO SO AFTER THE STATE HAS A COMPELLING INTEREST TO DO SO.

THE COURT ARGUED UNTIL YESTERDAY , SOLIDLY ACCEPTING THE IDEA THAT EDUCATIONAL DIVERSITY IS A COMPELLING INTEREST.

THE IDEA OF HAVING EDUCATIONAL ENVIRONMENTS THAT INCLUDE PEOPLE FROM DIFFERENT KINDS OF BACKWARDS -- BACKGROUNDS , DIFFERENT RACIAL GROUPS AND OTHER TYPES OF PEOPLE UNDERREPRESENTED IN COLLEGES AND UNIVERSITIES.

THE IDEA -- GO AHEAD.

>> WE JUST HEARD A LITTLE BIT ABOUT WHAT JUSTICE JACKSON SAID.

THIS IS ABOUT THE CARVEOUT FOR MILITARY CARVEOUTS, RACIAL DIVERSITY IN HIGHER EDUCATION THEY SAY IS ONLY WITH POTENTIALLY PRESERVING IN SO FAR AS IT MIGHT BE NEEDED TO PREPARE BLACK AMERICANS AND OTHER UNDERREPRESENTED MINORITIES FOR SUCCESS IN THE BUNKER, NOT THE BOARDROOM.

CHRISTIAN PERRY, WHAT DOES THAT TELL YOU?

>> AS A NAVY VETERAN, 13 YEARS, IT HITS MY YEARS INTERESTINGLY , THE CHIEF JUSTICE COULD CARVEOUT FOR DISTINCT INTEREST OF MILITARY INSTITUTIONS AND SAY THAT IS GOOD FOR OUR MEN AND WOMEN SERVING IN UNIFORM BUT NOT GOOD FOR OUR ELITE INSTITUTIONS IN THE COUNTRY.

I THINK IT IS HYPOCRISY.

>> NICK, THIS RULING WAS NOT UNEXPECTED.

DOES YOUR INSTITUTION, THE UNIVERSITY OF ILLINOIS, DO YOU HAVE PLANS IN PLACE TO MOVE FORWARD TO MAINTAIN A DIVERSE STUDENT BODY?

>> ABSOLUTELY.

WE HAVE BEEN ANTICIPATING THIS OUTCOME FOR SOME TIME.

THE UNIVERSITY OF ILLINOIS SYSTEM CORE BELIEFS REMAIN UNCHANGED.

A RULING WE ARE NOT CRAZY ABOUT AT ALL.

BUT OUR MISSION IS TO SERVE THE CITIZENS OF THE STATE OF ILLINOIS.

THAT IS ALL CITIZENS OF THE STATE OF ILLINOIS.

WE WANT TO ENSURE THAT WE ARE DOING THAT.

IF IT MEANS WE WILL HAVE TO LOOK UP ALL OF OUR PRACTICES AND MAKE SURE WE FOLLOW THE LAW, THAT COMMITMENT IS ROBUST.

>> PAUL, YOU SAID IT IS IMPORTANT TO CONSIDER WHAT THE RULE DOES NOT PREVENT SCHOOLS FROM DOING, WHAT DOES THAT MEAN?

>> ALL THE CASES CONSIDERED , THE SPECIFIC ADMISSIONS POLICIES THE COURT CLAIMED COULD MAKE RACE AND RACE ALONE DETERMINE THE OF ADMISSION.

THE COURT SPECIFICALLY SAID YOU COULD STILL THINK ABOUT RACE IN INDIVIDUAL CASES IF A STUDENT SAYS HE HAS A STORY OF HOW RACE INTERACTED WITH SOME OTHER QUALITIES .

THAT IS OKAY TO ADMISSIONS USE.

IF THEY SAID HOW THEY OVERCAME RACIAL DISSEMINATION.

THE UNIVERSITY CAN CONSIDER THAT .

THE COURT DECISION ALSO ROLLS OUT PIPELINE PROGRAMS , TRYING TO INCREASE APPLICANTS FROM ALL KINDS OF BACKGROUNDS.

>> CHRISTIAN, DO YOU ANTICIPATE INCREASED PRESSURE ON HIGHER EDUCATION TO CONSIDER LEGACY ADMISSIONS AS A RESULT OF THIS DECISION?

>> WE ARE CONCERNED WITH MAKING SURE COLLEGES DO NOT OVERREACT .

THINKING THAT THEY HAVE TO BE OVERLY LEGALISTIC AND HOW THEY INTERPRET THIS , BUT ARE INTENTIONAL ABOUT EXPANDING THEIR EFFORTS TO AFFIRM DIVERSITY IN THE CLASSROOM.

THERE WILL BE SOME INSTITUTIONS THAT TAKE THIS AS AN OPPORTUNITY AND WE HOPE THAT HIGHER EDUCATION INSTITUTIONS AND STATE LEGISLATURES LEAN IN AND FIGHT BACK.

>> NIC JONES, WHY IS IT IMPORTANT TO HAVE A RACIALLY DIVERSE STUDENT BODY?

>> FOR TWO PRIMARY REASONS, WE WANT OUR STUDENT BODY TO REFLECT THE DEMOGRAPHICS OF THE STATE OF ILLINOIS.

WE ARE A INSTRUMENTALITY OF THE STATE AND WE SHOULD HAVE A STUDENT POPULATION THAT REFLECTS THAT.

SECOND, OUR STUDENTS LEARN BEST AND THE MOST , MOST EFFECTIVELY, IN AN ENVIRONMENT WHERE THEY ARE EXPOSED TO A BROAD DIVERSITY OF PEOPLE AND PERSPECTIVES.

FROM MY PERSPECTIVE, HAVING THAT DIVERSITY IN THE CLASSROOM IS CRITICAL TO OUR SUCCESS.

>> YOU HAVE SAID THAT DIVERSITY ALONE IS NOT A VERY GOOD REASON FOR RACE CONSCIOUS ADMISSIONS.

EXPLAIN THAT AND WHAT YOU BELIEVE ARE THE BETTER REASONS .

>> ONE OF THE FOUNDING MEMBERS OF CRITICAL RACE THEORY CLAIMED MANY YEARS AGO , WHAT THE DIVERSITY RATIONALE DOES, THE INCLUSION OF PEOPLE OF COLOR, AND COMMISSIONS IT ON THEIR PRESENCE BEING IN SERVICE TO THOSE WHO ARE ALREADY INCLUDED.

REALISTICALLY , WHAT THE REAL ISSUE IS, THERE IS A CONTINUING CONSEQUENCE OF GOVERNMENT DISCRIMINATION , THE GOVERNMENT PARTICIPATED IN RACIAL SEGREGATION AGAINST PEOPLE OF COLOR BEING DISPROPORTIONATELY LOCATED IN COMMUNITIES WITH UNDER RESOURCED SCHOOLS , STARTING 20 FEET BEHIND THE STARTING LINE IN MANY CASES.

WHAT AFFIRMATIVE ACTION CAN DO IS RECTIFY THAT AS A MATTER OF JUSTICE , AND ALLOW UNIVERSITIES TO IDENTIFY STUDENTS WHO HAVE JUST AS MUCH ABILITY AS THE STUDENTS WHO STARTED WITH THE ADVANTAGES -- >> CONTINUE.

>> IT IDENTIFY STUDENTS WHO HAVE ABILITY AND MAKES SURE THAT IS AVAILABLE .

>> I SEE YOU NODDING.

WHAT CAN THE UNIVERSITY OF ILLINOIS DO TO ENSURE A DIVERSE STUDENT BODY.

>> I APPRECIATE THE METAPHOR ABOUT STARTING 20 FEET BEHIND THE STARTING LINE OUR FOCUS IS BRINGING TO THE STUDENTS PEOPLE WHO CAN SUCCESSFULLY GRADUATE FROM OUR INSTITUTION.

IT CHALLENGES US TO THINK DIFFERENTLY ABOUT HOW WE DO ADMISSIONS.

WE ARE IN THE PROCESS OF DOING THAT AND PRESENTING THAT .

FOCUSING ON THOSE TALENTED PEOPLE WHO NEED THE SUPPORT THEY NEED TO BE SUCCESSFUL.

THAT IS WHAT WE ARE COMMITTED TO DOING.

>> CHRISTIAN PERRY , HOW MAY THIS IMPACT THE DIVERSITY OF THE APPLICANT ?

>> IF HIGHER EDUCATION INSTITUTIONS ARE VIGILANT IN MAKING SURE THEY ARE MAKING THOSE BARRIERS LESS SO, LIKE MYSELF, I WENT TO A PREDOMINATELY WHITE INSTITUTION, I WOULD NOT HAVE HAD CONFIDENCE TO OVERCOME THOSE BARRIERS AS A BLACK MAN, EVEN AT 22 , WE HAVE TO BE INNOVATIVE AND DETERMINED THAT