Editor’s note: This column was submitted to the Texan by a member of the UT community. 

This summer, the Supreme Court stunned America by overturning Roe v. Wade. Not to be outdone, next year’s docket includes two cases which experts believe will likely overrule 50 years of affirmative action precedent. The Court is hearing lawsuits against Harvard and the University of North Carolina, challenging the way race is considered in higher education. If these challenges are successful, universities nationwide will be forced to scramble as established equity strategies and programs are deemed unconstitutional. UT must prepare for this possibility now.

UT already knows what happens when affirmative action is done away with; it happened in 1996 when the Hopwood v. Texas decision directly resulted in several years of lowered Black enrollment. At the law school, the last pre-Hopwood class was 6.4% Black (97 students), however by 1999 that figure had dropped to 1.2% (17 students). If we are not to repeat ourselves, what will be the differentiator?

If the Court’s conservative bloc issues a sweeping reversal of affirmative action, this could potentially ban all race-based diversity, equity and inclusion efforts for students. This would include the Student Success Initiatives in the Division of Diversity and Community Engagement, which are largely centered on race-based components. These programs, such as the Heman Sweatt Center for Black Males and the Latina/x and Indigenous Leadership Institute, were chartered to improve retention and graduation rates for racial groups lagging in those statistics. If suddenly discontinued, it is reasonable to assume student success for these cohorts will drop equal to the effectiveness of the programs. The Court could even question the constitutionality of pipeline recruitment efforts which are designed to bolster enrollment from large inner city schools, if this type of resource allocation is deemed to be race-based. 

UT must do what it can to preserve the efficacy of what these programs protect. A good portion of the Student Success Initiatives, such as the study abroad opportunities, might be tweaked to fit in the portfolio of the Multicultural Engagement Center, which is not a race-based unit, but which still serves as an effective resource for minority student communities. Any effort to drive down the overall cost of attending UT, including increasing scholarships through Texas Exes and addressing student housing costs, would help all students but particularly could be game-changing for students from low-income backgrounds, which in Texas correlates to minority communities.    

Retention and graduation rates for minorities have improved dramatically since the initiation of the Student Success Initiatives. This is not to say UT’s approach to affirmative action has been perfect, or that there is not still work to be done. The state of Texas is 13.2% Black, however Black enrollment at UT persistently hovers between 4-5%. Year after year, many rural counties do not send a single graduating high school senior to UT.

When the Supreme Court rules, it becomes the law of the land. UT will be forced to respond within whatever parameters are dictated. This is a moment which favors readiness, innovation and leadership. President Jay Hartzell should lead on this topic this school year, along with student leaders, deans and faculty. As UT works to properly commemorate and contextualize its path to increased inclusivity on the East Mall, it would be a disservice to simultaneously backslide on gains to minority retention and graduation rates. 

How well we respond to this will say something about who we are as a community and additionally will influence who may participate in UT’s future. Whatever the eventual outcome, it will be better if we all start working together now.

Smith is a 2021 human dimensions of organization graduate. His senior thesis was titled “On-Campus Housing Capacity Expansion as an Anticipatory Model for a post-Students for Fair Admissions Equity Commitment at The University of Texas”