Higher education institutions across the U.S. are currently under intense scrutiny when it pertains to their commitments to diversity, equity, and inclusion (DEI) initiatives. This scrutiny follows significant changes such as the Supreme Court's decision to overturn affirmative action, which has led universities like Harvard Law School and Northeastern University to rethink their DEI frameworks.
Harvard Law School (HLS) has seen Black student enrollment hit its lowest point in 60 years. According to data shared by the Harvard Independent, only 19 Black students are among the 461 first-year law students for the class of 2024. This figure starkly contrasts with the previous year's class, which enrolled 43 Black students. The decline has sparked concerns among scholars about the future of representation within the legal academic field. David B. Wilkins, a law professor at HLS, expressed disappointment over the Supreme Court's recent decision, indicating it ignored decades of evidence supporting the importance of diversity within the legal profession. "I was very disappointed in the Supreme Court decision. I think it ignored fifty years of evidence of the importance of diversity and inclusion in the legal profession," Wilkins mentioned.
The Supreme Court ruling, which struck down race-conscious affirmative action, amplified fears among those advocating for increased diversity. Richard Sander, UCLA professor and expert witness on admissions processes, suggested this could lead to universities being more transparent about how racial preferences have been historically applied. He noted, "If the school is not using preferences, it increases the value of their credential...We don’t need to think of you as a beneficiary of a double standard." While Sander sees merit in the Supreme Court's decision, Wilkins fears it threatens the progress made over the years, emphasizing how diversity benefits the educational environment, calling HLS "a far more interesting and exciting and excellent place because of its diversity."
The ripple effects of the SFFA v. Harvard and SFFA v. UNC decisions extend beyond Harvard Law. Northeastern University has also begun dismantling its DEI programs, prompted by President Donald Trump’s executive order, which targeted diversity initiatives across institutions with substantial endowments. This executive order, issued on January 21, 2024, compelled Northeastern to change its Office of Diversity, Equity, and Inclusion to the Office of Belonging and remove numerous DEI-related web pages.
This dramatic shift has prompted students to question the commitment of Northeastern to creating inclusive environments where everyone feels they belong. The new “Belonging at Northeastern” initiative felt less comprehensive, lacking the depth of the previous ODEI program and creating feelings of exclusion among minority students. Student Antaine Anhalt articulated these sentiments, stating, "Belonging isn’t the same as diversity and inclusion. Belonging is when someone gets to decide who has the right to be in any space, whereas inclusion means all are welcome." This alteration signals troubling messages to the diverse student body at Northeastern, especially those from underrepresented communities.
Statistics reveal the enormity of the crisis; Northeastern experienced a 35% drop in Black student enrollment for the class of 2028, prompting concerns about whether the institution would continue its DEI efforts without any federal obligation. The previous commitment to fostering diverse communities is being called to question as Northeastern transitions its focus away from traditional DEI practices. A stark absence of the once-prominent tagline, “Northeastern believes in a welcoming and inclusive environment for all,” has also raised eyebrows about the university's changing priorities.
The importance of maintaining diversity goes beyond mere statistics; it affects the very fabric of educational environments and future legal representation. The historical significance of institutions like HLS, known for educating some of the most influential Black lawyers, is under threat. The sharp drop of Black students to numbers not seen since 1965 raises alarms about the potential long-term repercussions on the legal profession as well.
Thinkers like Wilkins underline how much of the advancement made for minority representation hinges on institutions operating with these principles intact. Wilkins noted, "To have the number of Black students fall to the lowest level...is not just a disaster for the Black students who are not enrolled; it’s a disaster for our profession." The message is clear: to sustain future generations of diverse leaders, educational institutions must not only uphold their commitments to diversity but actively cultivate environments where all individuals can thrive.
With higher education now facing significant challenges, the ability to navigate the balance between effective DEI initiatives and compliance with recent legal rulings remains pivotal. The legal profession and educational institutions alike now hold pivotal roles to play as they confront these pressing issues. Going forward, institutions must ask themselves not only how they will adapt to these changes but also how they will rebuild trust with communities of color who feel alienated by recent shifts.