Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-14T15:19:02.677Z Has data issue: false hasContentIssue false
  • English
  • Français

Why a Consideration of Race is Important to Medical School Admissions

Published online by Cambridge University Press:  29 June 2021

Nancy L. Zisk
Get access Rights & Permissions [Opens in a new window]

Abstract

The tremendous toll that COVID-19 has taken on this country’s minority population is the most recent reminder of the health disparities between people of color and people who classify themselves as white. There are many reasons for these disparities, but one that gets less attention than it deserves is the lack of physicians of color available to treat patients of color.

Keywords

DiversityRace-Conscious AdmissionsUniversity AdmissionsAffirmative ActionEqual Protection
Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 49 , Issue 2: Race and Ethnicity in 21st Century Health Care , Summer 2021 , pp. 181 - 189
Copyright
© 2021 The Author(s)

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Tweedy, D., “Medical Schools Have Historically Been Wrong on Race,” The New York Times, July 27, 2020, available at <https://www.nytimes.com/2020/07/27/opinion/sunday/coronavirus-medicine-blackness.html> (last visited March 22, 2021).Google Scholar
Huerto, R., “Majority Patients Benefit From Having Minority Doctors, But That’s a Hard Match to Make,” University of Michigan Lab Blog, Op-Ed, March 31, 2020, available at <https://labblog.uofmhealth.org/rounds/minority-patientsbenefit- from-having-minority-doctors-but-thats-a-hardmatch-to-make-0> (last visited March 22, 2021) (citing “mounting evidence” that when physicians and patients share the same race it improves the overall care, including medication adherence, cholesterol screening, patient understanding of cancer risks, and perception of treatment options).+(last+visited+March+22,+2021)+(citing+“mounting+evidence”+that+when+physicians+and+patients+share+the+same+race+it+improves+the+overall+care,+including+medication+adherence,+cholesterol+screening,+patient+understanding+of+cancer+risks,+and+perception+of+treatment+options).>Google Scholar
Amicus Brief of the Association of American Medical Colleges, et al., in Support of Respondents at 4, Fisher v. Univ. of Tex., 136 S. Ct. 2198 (2016), 2015 WL 6735845 [hereinafter AAMC Amicus Brief] (noting that medical schools rely on “a holistic evaluation process — including personal interviews — in which an applicant’s background is taken into account along with myriad other factors”).Google Scholar
Grutter v. Bollinger, 539 U.S. 306, 339 (2003).Google Scholar
Id. at 338.Google Scholar
U.S. CONST. amend. XIV, § 1.Google Scholar
Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978) (Powell, J., plurality opinion).Google Scholar
Fisher v. Univ. of Tex., 136 S. Ct. 2198, 2214 (2016) (upholding the constitutionality of the University of Texas’ race-conscious, holistic admissions program); Grutter v. Bollinger, 539 U.S. 306, 325, 343 (2003) (upholding the constitutionality of the University of Michigan Law School’s race-conscious, holistic admissions program).Google Scholar
Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978).Google Scholar
Fisher v. Univ. of Tex., 136 S. Ct. 2198 (2016); Grutter v. Bollinger, 539 U.S. 306, 343 (2003); Gratz v. Bollinger, 539 U.S. 244 (2003).Google Scholar
U.S. CONST. AMEND. XIV, § 1.Google Scholar
See Civil Rights Act of 1866, ch. 31, § 1, Pub. L. No. 39-3, 14 Stat. 27.Google Scholar
McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 287 (1976) (emphasis omitted) (quoting Senator Trumbull of Ill., CONG. GLOBE, 39TH CONG., 1ST SESS. 211 (1866)).Google Scholar
Civil Rights Act of 1964 § 101, 42 U.S.C. § 2000d (2020).Google Scholar
Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 284 (1978) (Powell, J., plurality opinion).Google Scholar
See Gratz v. Bollinger, 539 U.S. 244, 276 n.23 (2003) (citations omitted) (“We have explained that discrimination that violates the Equal Protection Clause of the Fourteenth Amendment committed by an institution that accepts federal funds also constitutes a violation of Title VI.”); Grutter v. Bollinger, 539 U.S. 306, 343 (2003) (concluding that, since the university's admissions program did not violate the Equal Protection Clause of the Fourteenth Amendment, it would not violate Title VI of the Civil Rights Act of 1964). See also Bakke, 438 U.S. at 284-85, 293-94 (Powell, J., plurality opinion) (discussing the history of the Civil Rights Act and the Fourteenth Amendment's protection of all persons). See generally , N. Zisk, , “The Future of Race-Conscious Admissions Programs and Why the Law Should Continue to Protect Them,” Northeastern University Law Review 12, no. 1 (2020): 56-98 (examining the history of the Civil Rights from its first enactment to the present).Google Scholar
Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978) (Powell, J., plurality opinion).Google Scholar
Id. at 317.Google Scholar
Id.Google Scholar
Id. at 316-318.Google Scholar
Id. at 316-317.Google Scholar
See Fisher v. Univ. of Tex., 136 S. Ct. 2198 (2016) (upholding the constitutionality of the University of Texas’ race-conscious, holistic admissions program); Grutter v. Bollinger, 539 U.S. 306, 325, 343 (2003) (upholding the university of Michigan’s law school’s race-conscious admissions program).Google Scholar
Fisher, 136 S. Ct. at 2210; Grutter, 539 U.S. at 328.Google Scholar
Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 312 (1978).Google Scholar
Fisher, 136 S. Ct. at 2210 (internal quotation and alteration omitted).Google Scholar
Id. (internal quotation omitted).Google Scholar
See, e.g., Grutter, 539 U.S. at 343 (noting that “Title VI … proscribe[s] only those racial classifications that would violate the Equal Protection Clause…” (quoting Bakke, 438 U.S. at 287 (Powell, J., plurality opinion)).Google Scholar
Grutter, 539 U.S. at 334 (emphasis added) (quoting Bakke, 438 U.S. at 317 (1978) (Powell, J., plurality opinion)).Google Scholar
See Complaint, Students For Fair Admissions, Inc. v. President & Fellows of Harvard Coll., Inc. v. President & Fellows of Harvard Coll., 397 F. Supp. 3d 126 (D. Mass. Sept. 30, 2019), aff’d, 980 F. 3d 157 (1st Cir. 2020) [hereinafter Harvard Complaint]; Complaint, Students for Fair Admissions, Inc. v. Univ. of North Carolina, No. 14-cv-00954 (M.D.N.C. Nov. 17, 2014), 2014 WL 6386755 [hereinafter UNC Complaint]. As stated in the plaintiff’s mission statement: “A student’s race and ethnicity should not be factors that either harm or help that student to gain admission to a competitive university.” See STUDENTS FOR FAIR ADMISSIONS, available at <https://studentsforfairadmissions.org/about/> (last visited March 22, 2021).+(last+visited+March+22,+2021).>Google Scholar
See Harvard Complaint, supra note 29, ¶ 3; UNC Complaint, supra note 29, ¶ 4.Google Scholar
See UNC Complaint, supra note 29, ¶ 4.Google Scholar
See Fisher v. Univ. of Tex., 136 S. Ct. 2198 (2016) (upholding the constitutionality of the University of Texas’ race-conscious, holistic admissions program); Grutter v. Bollinger, 539 U.S. 306 (2003) (upholding the university of Michigan’s law school’s race-conscious admissions program).Google Scholar
Students For Fair Admissions, Inc. v. President & Fellows of Harvard Coll., Inc. v. President & Fellows of Harvard Coll., 397 F. Supp. 3d 126 (D. Mass. Sept. 30, 2019), aff’d, 980 F. 3d 157 (1st Cir. 2020).Google Scholar
Students For Fair Admissions, Inc. v. President & Fellows of Harvard Coll., Inc. v. President & Fellows of Harvard Coll., 980 F. 3d 157 (1st Cir. 2020).Google Scholar
See K. Murphy, “Trial on UNC-Chapel Hill’s Race-Related Admissions Ends, But Ruling Could Take Months,” The News & Observer, November 19, 2020, available at <https://www.newsobserver.com/news/local/education/article247284969.html> (last visited March 22, 2021).+(last+visited+March+22,+2021).>Google Scholar
Complaint, United States v. Yale University, No. 3:20-cv-01534, ¶ 2 (D. Conn. Oct. 8, 2020), available at <https://www.justice.gov/opa/press-release/file/1326306/download> (last visited March 22, 2021) [hereinafter Yale Complaint].+(last+visited+March+22,+2021)+[hereinafter+Yale+Complaint].>Google Scholar
Id. at ¶ 14.Google Scholar
Salovey, P., “Yale Will Continue to Foster a Diverse and Vibrant Educational Environment,” Office of the President, Yale University, Oct. 8, 2020, available at <https://president.yale. edu/speeches-writings/statements/yale-will-continue-foster-diverse-and-vibrant-educational-environment> (last visited March 22, 2021).Google Scholar
Id. Google Scholar
Id. Google Scholar
Amicus Brief of Brown University, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Johns Hopkins University, Massachusetts Institute of Technology, Princeton University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, and Yale University in Support of Appellee, Students for Fair Admissions,Inc. v. President & Fellows of Harvard Coll., 397 F. Supp. 3d 126 (D. Mass. Sept. 30, 2019), aff ’d, 980 F. 3d 157 (1st Cir. 2020) [hereinafter Brown University Amicus Brief]. These universities filed a brief in support of Harvard’s admissions plan, first to the trial court before the case went to trial and to the appellate court, in support of Harvard on appeal. Because of the similarity of the briefs, references will be made to the arguments made in the second brief submitted to the appellate court in this case.Google Scholar
Id. at 1.Google Scholar
Id. at 2.Google Scholar
Id. at 2-3.Google Scholar
Id. at 1.Google Scholar
Id. at 11 (quoting Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 787 (2007) (Kennedy, J., concurring in part and concurring in the judgment)). Accord Grutter v. Bollinger, 539 U.S. 306, 332-33 (2003).Google Scholar
Id. at 11.Google Scholar
Id. at 16.Google Scholar
Id. at 15.Google Scholar
Association of American Medical Colleges, “AAMC Statement on the Department of Justice’s Challenge to Yale’s Admissions Process,” Press Release, Aug. 14, 2020, available at <https://www.aamc.org/news-insights/press-releases/aamc-statement-department-justice-s-challenge-yale-s-admissions-process> (last visited March 22, 2021).+(last+visited+March+22,+2021).>Google Scholar
Id. Google Scholar
Id. Google Scholar
Id. Google Scholar
Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll. (Harvard Corp.), 397 F. Supp. 3d 126, 133 (D. Mass. 2019), aff’d, 980 F. 3d 157 (1st Cir. 2020).Google Scholar
Id. at 200 (quoting Fisher v. Univ. of Tex., 136 S. Ct. 2198, 2208 (2016)).Google Scholar
Id. at 192.Google Scholar
Defendants’ Memorandum of Law in Support of Their Motion for Summary Judgment, Students for Fair Admissions, Inc. v. University of North Carolina, No. 1:14-CV-954, 2019 WL 294284, § IID (citing the university expert’s evidence that confirmed that the termination of race-conscious admissions programs would cause a decrease in “academic preparedness and racial diversity”).Google Scholar
Amicus Brief of Brief of the National Association of Basketball Coaches, Women’s Basketball Coaches Association, Auriemma, Geno, Boeheim, James A., Chaney, John, Izzo, Tom, Krzyzewski, Michael W., McCallie, Joanne P., Richardson, Nolan, Self, Bill, Semrau, Sue, Smith, Orlando Tubby, Vanderveer, Tara, Williams, Roy, Wright, Jay, and 326 Additional Current or Former College Head Coaches as Amici Curiae in Support of Appellee and Affirmance, at 19, Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 397 F. Supp. 3d 126 (D. Mass. Sept. 30, 2019), aff’d, 980 F. 3d 157 (1st Cir. 2020) [hereinafter Coaches Amicus Brief].Google Scholar
Id. Google Scholar
Brief for the President and the Chancellors of the Univ. of Cal. as Amici Curiae Supporting Respondents at 19, Fisher v. Univ. of Tex., 136 S. Ct. 2198 (2016).Google Scholar
Coaches Amicus Brief, supra note 58 at 20 (internal citations omitted).Google Scholar
Id. (quoting Rebecca Trounson, “A Startling Statistic at UCLA,” L. A. Times, June 3, 2006, available at <https://www.latimes.com/archives/la-xpm-2006-jun-03-me-ucla3-story.html> (last visited March 22, 2021).+(last+visited+March+22,+2021).>Google Scholar
R. Huerto, “Majority Patients Benefit From Having Minority Doctors, But That’s a Hard Match to Make,” University of Michigan Lab Blog, Op-Ed, March 31, 2020, available at <https://labblog.uofmhealth.org/rounds/minority-patients-benefit-from-having-minority-doctors-but-thats-a-hard-match-to-make-0> (last visited March 22, 2021) (citing “mounting evidence” that when physicians and patients share the same race it improves the overall care, including medication adherence, cholesterol screening, patient understanding of cancer risks, and perception of treatment options).+(last+visited+March+22,+2021)+(citing+“mounting+evidence”+that+when+physicians+and+patients+share+the+same+race+it+improves+the+overall+care,+including+medication+adherence,+cholesterol+screening,+patient+understanding+of+cancer+risks,+and+perception+of+treatment+options).>Google Scholar
AAMC Amicus Brief, supra note 3 at 16.Google Scholar
Id. at 5.Google Scholar
Id. (quoting Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 314 (1978) (Powell, J., plurality opinion)).Google Scholar
Fisher v. Univ. of Texas at Austin, 136 S. Ct. 2198, 2213 (2016) (quoting Grutter, 539 U.S. 306, 339 (2003)).Google Scholar
Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 397 F. Supp. 3d 126, 195 (D. Mass. 2019).Google Scholar
Id. at 136.Google Scholar
AAMC Amicus Brief, supra note 3 at 6.Google Scholar
Id. at 24 (internal quotation marks and citation omitted).Google Scholar
Id. at 5-6.Google Scholar
Id. at 6 (emphasis in original).Google Scholar
Fisher v. Univ. of Tex., 136 S. Ct. 2198, 2215 (2016) (Thomas, J., dissenting).Google Scholar
Fisher v. Univ. of Tex., 570 U.S. 297, 333 (2013) (Thomas, J., concurring).Google Scholar
Id. at 334 (alteration in original) (quoting Grutter v. Bollinger, 539 U.S. 306, 373 (2003) (Thomas, J., concurring in part and dissenting in part)).Google Scholar
Id. at 332.Google Scholar
Id. at 334.Google Scholar
Rahl, K., “Racing to Neutrality: How Race-Neutral Admissions Programs Threaten the Future Use of Race-Based Affirmative Action in Higher Education,” Texas Tech Law Review Online Edition 49, no. 109 (2017) (citing R. Sander and S. Taylor, Jr., “The Painful Truth About Affirmative Action,” Atlantic, Oct. 2, 2012, available at http://www.theatlantic.com/national/archive/2012/10/the-painful-truth-about-affirmative-action/263122/ (last visited MARCH 22, 2021).Google Scholar
Sander, R. H., “A Reply to Critics,” Stanford Law Review 57 (2005).Google Scholar
See id. See also Zisk, supra note 16 at 94 (noting Justice Thomas’ position on race-conscious plans and discussing Professor Sander’s “mismatch” theory).Google Scholar
Brief Amicus Curiae of Pacific Legal Foundation in Support of Plaintiffs and Appellants at 14, Sander v. State Bar of Cal., 237 Cal. Rptr. 3d 276 (Ct. App. 2018) (No. A150625) (citing to a number of articles challenging the soundness of the “mismatch” theory of affirmative action).Google Scholar
Brief of Student Amici Curiae in Support of Defendant’s Motion for Judgment on the Pleadings on Counts IV and VI at 3, Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 397 F. Supp. 3d 126 (D. Mass. Sept. 30, 2019), aff’d, 980 F. 3d 157 (1st Cir. 2020) (citing Brief of Empirical Scholars as Amici Curiae in Support of Respondents at 14-16, Fisher v. Univ. of Tex., 133 S. Ct. 2411 (2013) (emphasis in original)).Google Scholar
. AAMC Amicus Brief, supra note 3 at 36-37 (quoting D. W. Carbado and C. I. Harris, “The New Racial Preferences,” California Law Review 96 (2008)) (internal quotation marks omitted)).Google Scholar
Gratz v. Bollinger, 539 U.S. 244, 304 (2003) (Ginsburg, J., dissenting).Google Scholar
Id. Google Scholar
Id. at 305.Google Scholar
Id. at 298 (Souter, J., dissenting).Google Scholar
AAMC Amicus Brief, supra note 3 at 36.Google Scholar
Id.Google Scholar
Id.Google Scholar
See Zisk, supra note 16 at 60-61 (predicting this issue will reach the Supreme Court and, when it does, that the Court will overturn the well-established precedent upholding race-conscious plans). 93. Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 317 (1978) (Powell, J., plurality opinion).Google Scholar
Brown University Amicus Brief, supra note 38 at 2-3.Google Scholar
AAMC Amicus Brief, supra note 3 at 15.Google Scholar
“The Majority of U.S. Medical Students Are Women, New Data Show,” Dec. 9, 2019, Association of American Medical Colleges, available at <https://www.aamc.org/news-insights/press-releases/majority-us-medical-students-are-women-new-data-show> (last visited March 22, 2021) (quoting D. J. Skorton, M.D., AAMC president and CEO).+(last+visited+March+22,+2021)+(quoting+D.+J.+Skorton,+M.D.,+AAMC+president+and+CEO).>Google Scholar
Regents of Univ. of California v. Bakke, 438 U.S. 265, 314 (1978) (Powell, J., plurality opinion).Google Scholar