When colleges began announcing the makeup of their incoming freshman classes last year—the first admissions cycle since the Supreme Court outlawed affirmative action—there seemed to have been some kind of mistake. The Court’s ruling in Students for Fair Admissions v. Harvard had been almost universally expected to produce big changes. Elite universities warned of a return to diversity levels not seen since the early 1960s, when their college classes had only a handful of Black students.
And yet, when the numbers came in, several of the most selective colleges in the country reported the opposite results. Yale, Dartmouth, Northwestern, the University of Virginia, Wesleyan, Williams, and Bowdoin all ended up enrolling more Black or Latino students, or both. Princeton and Duke appear to have kept their demographics basically stable.
These surprising results raise two competing possibilities. One is that top universities can preserve racial diversity without taking race directly into account in admissions. The other, favored by the coalition that successfully challenged affirmative action in court, is that at least some of the schools are simply ignoring the Supreme Court’s ruling—that they are, in other words, cheating. Finding out the truth will likely require litigation that could drag on for years. Although affirmative action was outlawed in 2023, the war over the use of race in college admissions is far from over.
History strongly suggested that the end of affirmative action would be disastrous for diversity in elite higher education. (Most American colleges accept most applicants and therefore didn’t use affirmative action in the first place.) In the states that had already banned the practice for public universities, the share of Black and Latino students enrolled at the most selective flagship campuses immediately plummeted. At UC Berkeley, for example, underrepresented minorities made up 22 percent of the freshman class in 1997. In 1998, after California passed its affirmative-action ban, that number fell to 11 percent. Many of these schools eventually saw a partial rebound, but not enough to restore their previous demographic balance.
Something similar happened at many selective schools in the aftermath of the Supreme Court’s 2023 ruling. At Harvard and MIT, for example, Black enrollment fell by more than 28 and 60 percent, respectively, compared with the average of the two years prior to the Court’s decision. But quite a few institutions defied expectations. At Yale, Black and Latino enrollment increased, while Asian American enrollment fell by 16 percent compared with recent years. Northwestern similarly saw its Black and Latino populations increase by more than 10 percent, while Asian and white enrollment declined. (In Students for Fair Admissions, the Court had found that Harvard’s race-conscious admissions policies discriminated against Asian applicants.)
Figuring out how this happened is not easy. Universities have always been cagey about how they choose to admit students; the secrecy ostensibly prevents students from trying to game the process. (It also prevents embarrassment: When details have come out, usually through litigation, they have typically not been flattering.) Now, with elite-college admissions under more scrutiny than usual, they’re even more wary of saying too much. When I asked universities for further details about their response to the ruling, Dartmouth, Bowdoin, and Williams declined to comment, Yale and Northwestern pointed me toward their vague public statements, and a Princeton spokesperson said that “now race plays no role in admissions decisions.” Duke did not reply to requests for comment.
The information gap has led outside observers to piece together theories with the data they do have. One possibility is that universities such as Yale and Princeton are taking advantage of some wiggle room in the Supreme Court’s ruling. “Nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise,” Chief Justice John Roberts wrote in his majority opinion. This seemed to provide an indirect way to preserve race-consciousness in admissions. “It’s still legal to pursue diversity,” Sonja Starr, a law professor at the University of Chicago, told me. Her research shows that 43 of the 65 top-ranked universities have essay prompts that ask applicants about their identity or adversity; eight made the addition after the Court’s decision.
Another theory is that universities have figured out how to indirectly preserve racial diversity by focusing on socioeconomic status rather than race itself. In 2024, Yale’s admissions department began factoring in data from the Opportunity Atlas, a project run by researchers at Harvard and the U.S. Census Bureau that measures the upward mobility of children who grew up in a given neighborhood. It also increased recruitment and outreach in low-income areas. Similarly, Princeton announced that it would aim to increase its share of students who are eligible for financial aid. “In the changed legal environment, the University’s greatest opportunity to attract diverse talent pertains to socioeconomic diversity,” a committee designed to review race-neutral admissions policies at the college wrote.
Some evidence supports the “socioeconomics, not race” theory. Dartmouth announced that it had increased its share of low-income students eligible for federal Pell grants by five percentage points. Yale has said that last year’s incoming freshman class would have the greatest share of first-generation and low-income students in the university’s history. Richard Kahlenberg, a longtime proponent of class-based affirmative action who testified on behalf of the plaintiffs challenging Harvard’s admissions policies, told me that, by increasing economic diversity as a proxy for race, elite colleges have brought in the low-income students of color whom purely race-based affirmative action had long allowed them to overlook. (In recent years, almost three-quarters of the Black and Hispanic students at Harvard came from the wealthiest 20 percent of those populations nationally.) “While universities had been claiming that racial preferences were the only way they could create racial diversity, in fact, if we assume good faith on the part of the universities, they have found ways to achieve racial diversity without racial preferences,” Kahlenberg said.
If we assume good faith—that’s a big caveat. Not everyone is prepared to give universities the benefit of the doubt. Edward Blum, the president of Students for Fair Admissions, the plaintiff in the case that ended affirmative action, has already accused Yale, Princeton, and Duke of cheating. And Richard Sander, a law professor at UCLA and a critic of affirmative action, said that if a university’s Black enrollment numbers are still above 10 percent, “then I don’t think there’s any question that they’re engaged in illegal use of preferences.”
The skeptics’ best evidence is the fact that the universities accused of breaking the rules haven’t fully explained how they got their results. Yale, for example, has touted its use of the Opportunity Atlas, but hasn’t shared how it factors information from the tool into admissions decisions. Before the Court’s ruling, a Black student was four times more likely to get into Harvard than a white student with comparable scores, and a Latino applicant about twice as likely.
To keep numbers stable, race-neutral alternatives would have to provide a comparable boost. According to simulations presented to the Supreme Court, universities would have to eliminate legacy and donor preferences and slightly lower their average SAT scores to keep demographics constant without considering race. (In oral arguments, one lawyer compared the change in test scores to moving “from Harvard to Dartmouth.”) With minor exceptions, selective universities have given no indication that they’ve made either of those changes.
Even the data that exist are not totally straightforward to interpret. Some universities have reported an uptick in the percentage of students who chose not to report their race in their application. If that group skews white and Asian, as research suggests it does, then the reported share of Black and Latino students could be artificially inflated. And then there’s the question of how many students choose to accept a university’s offer of admission, which schools have little control over. Wesleyan, for example, accepted fewer Black applicants than it had in prior years, Michael Roth, the university’s president, told me. But a larger share chose to matriculate—possibly, Roth said, because even-more-selective schools had rejected them. The University of Virginia similarly had an unusually high yield among Black students, according to Greg Roberts, its dean of admissions. He couldn’t tell whether this was thanks to the school’s outreach efforts or just a coincidence. “I think what we’re doing is important, but to the extent it will consistently impact what the class looks like, I have no idea,” he told me. (Both Roth and Roberts, the only university administrators who agreed to be interviewed for this article, assured me that their institutions had obeyed the Court’s ruling.)
None of those alternative explanations is likely to sway the people who are convinced the schools cheated. With Donald Trump back in office, colleges that don’t see a meaningful uptick in Asian enrollees will likely face civil-rights investigations, says Josh Dunn, a law professor at the University of Tennessee at Knoxville. “If everything ends up looking exactly like it did prior to SFFA,” he told me, then the courts will “probably think that the schools were not trying to comply in good faith.”
Blum, the head of Students for Fair Admissions, has already threatened to sue Yale, Princeton, and Duke if they don’t release numbers proving to his satisfaction that they have complied with the law. (Blum declined to be interviewed for this article.) A new lawsuit could force universities to turn over their admissions data, which should reveal what’s really going on. It could also invite the Court to weigh in on new questions, including the legality of race-neutral alternatives to affirmative action that are adopted with racial diversity in mind. A resolution to any of these issues would take years to arrive.
In many ways, the endless fight over affirmative action is a proxy for the battle over what uber-selective universities are for. Institutions such as Harvard and Yale have long been torn between conflicting aims: on the one hand, creating the next generation of leaders out of the most accomplished applicants; on the other, serving as engines of social mobility for promising students with few opportunities. It will take much more than the legal demise of affirmative action to put that debate to rest.
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