[ cheers and applause ] this is "nightline." >> tonight, reversing affirmative action. >> i am deeply disheartened by this ruling, but i'm also not

surprised. >> byron: the supreme court effectively ending race-based admissions in higher education. >> you cannot cure racial discrimination that occurred in the past with new discrimination today. >> byron: the conservative majority once again upending decades of legal precedent. >> right now, a lot of my students who were planning to write about their race are trying to figure out if they still can do that. >> byron: how the ruling will impact millions of students in colleges across the nation. madonna. the terrifying health scare that landed the material girl in the icu. how she's doing now. idina menzel. ♪ let it go let it go ♪ >> byron: hitting it go with the real-life voice behind elsa. >> i am theatrical, passionate, fiery -- >> byron: how the lgbtq+ community has inspired her professional and personal journey. >> the queer community has really supported me, embraced my

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tossing nearly 50 years of legal precedent, striking down race-based admission practices at two of the nation's oldest and most prestigious institutions of higher learning, harvard and university of north carolina. tonight the voices in support and those condemning the decision. here's abc's senior washington reporter devin dwyer. >> reporter: after more than 45 years, affirmative action still stirs up deep emotions. >> i hope that i would be seen as more than just my race. >> reporter: should an individual's race be a factor in college admissions? >> schools like harvard, other elite institutions as well, have a reparative responsibility to generational african americans. >> i don't think it's fair to use the race and potentially hold it against them if that's not something they want. >> reporter: elite universities, once bastions of white privilege in america, have relied on

affirmative action to diversify their campuses for decades. generations of students of color say it's lifted them up too. >> our ancestors built this school, literally. these schools need to take that into account and all of the trauma that has come with 400 years of systemic oppression. >> reporter: today, a bitterly divided supreme court reversed course. >> this is one of those supreme court opinions that will go down in history because it's not just changing american law, it's changing american life. >> reporter: the decision is a setback for the nation's oldest private university, harvard, and oldest public one, the university of north carolina. both were accused by a group of asian american students of racial discrimination in their admissions policies. chief justice john roberts writing for the majority saying the policies unavoidably employ race in a negative manner and involve racial stereotyping, adding, a student must be treated based on his or her experiences as an individual, not on the basis of race.

>> he wants individually assessed applicants. he doesn't want people looked at because of the color of their skin but because of what they've done, who they are in their life. >> reporter: the institutes brought by students for fair admissions, a coalition of students and parents who oppose any consideration of race in college applications. >> if no one is standing up to speak out against the injustices faced by our community, then our well-deserved rights will never be realized. >> reporter: they were led by conservative legal activist edward bloom. >> these discriminatory admissions practices undermined the integrity of our civil rights laws. >> reporter: polls show most americans support the court's decision and its impact will be immediate and sweeping. >> the supreme court's decision on college and university admissions will change how we pursue the educational benefits of diversity. but our commitment to that work remains steadfast.

>> reporter: universities nationwide are now forced to rethink and retool their admissions programs. the university of north carolina vowing it will look for new ways to bring together talented students with different perspectives and life experiences. president biden today expressing disappointment. >> we cannot let this decision be the last word. we need to keep an open door of opportunities. we need to remember that diversity is our strength. >> the dissenting justices pointed out that this is going to create absolute chaos. every school will find a way to adapt. we're looking at a long-range timeline that is going to include hundreds if not thousands of lawsuits about what is the meaning of race in higher education? >> reporter: some consideration of the racial background of an applicant is still lawful, the court said today. not by check box but in an essay. >> the student has to be able to connect the race to something that they have realized about

themselves, a special skill, a unique perspective, adversity that they've overcome. >> reporter: but studies say ending race as a plus factor on applications will ultimately mean fewer students of color at the nation's top universities, at least in the short term. >> most colleges are going to do everything in their power to use other forms of diversity to ensure the most diverse student body they possibly can. >> reporter: michigan is one of nine states that have already banned the use of race in public university admissions. at the university of michigan, black student enrollment dropped from 7% in 2006 to 4% in 2021. affirmative action was developed in the 1960s and '70s as an answer to decades of inequality and racism in higher education. >> so in the heat of the civil rights movement, at a moment where protests, where activism, civil rights activism is really

at its peak and its most impactful, the federal government steps in because they say, we have been the biggest purveyor of discrimination, as such, we have a responsibility to rectify that. >> reporter: in 1968, the supreme court weighed in for the first time, outlawing racial quotas but allowing race as a factor in holistic assessment of a student. the decision reaffirmed in 2003, and again in 2016. but each time, the court making clear affirmative action couldn't continue indefinitely. today, the court's conservative majority said, time is up. justice clarence thomas, the court's only black man, among those voting to end affirmative action even though he's said he's benefited from it. after growing up poor in segregated rural georgia, thomas attended holy cross on a scholarship for black students and went on to yale law school. >> the effort on the part of yale during my years there was to reach out and open its doors

to minorities whom it felt were qualified. >> reporter: years later, thomas would call affirmative action a faddish theory that had stigmatized him. >> one of the things that would happen when i was nominated to the court, that i couldn't possibly be as good as the white yale graduates because i obviously went to yale because of the color of my skin. >> reporter: on the other side, the court's only latina justice, season that sotomayor, who tread a similar path from the bronx. >> one of the poorest neighborhoods in the united states when i was growing up. yet none of those challenges have stopped me reaching where i have. i attribute it all, all of it to my education. >> reporter: today, sotomayor and thomas in a rare move, each read their opinions just as thomas defending the court's decision writing, "while i'm painfully aware of the social and economic ravages which have befallen my race and all who suffer discrimination, i hold out endearing hope that this country will live up to its principles that all men are created equal, are equal

citizens, and must be treated equally under the law." >> he has been working for 30 years, playing the long game on the court, to overturn affirmative action. he read from the bench with pride. >> reporter: in a skating dissent, sotomayor responding, "the devastating impact of this decision cannot be overstated. ignoring racial inequality will in the make it disappear." polls show americans overwhelmingly support programs to promote diversity on campuses, and at fordham university in the bronx we saw firsthand why they're still needed. >> when we have groups missing, we know we're missing some of our best and brightest. >> reporter: fordham is 64% white. its leaders in the catholic church believing affirmative action is a moral imperative. >> is race-based affirmative action working at fordham? >> yes. >> there's talent everywhere. if they look in the right places, they'll find it. >> reporter: german and his older brother yariel sons of

single mom and mexican immigrant are conflicted. >> remove race as an option, i almost guarantee you a lot of people like me would be making it into these schools. into whatever school it is. >> i think there's questions, whether it's a genuine intention or whether it's just, we've got to meet quotas. >> reporter: they both got full tuition scholarships. yariel to baruch college, to fort ham. >> it's sad i got a full ride because it's has panic. they needed to give that scholarship to a hispanic -- >> it's good for you. >> it's good for me, but it says a lot. >> reporter: the brothers say while the odds have historically been stacked against black and latino students in higher ed, they believe it's possible to overcome those odds. >> there's a systematic issue. but in terms of, like, should the pencil be on race? i really don't think so. >> reporter: and today the u.s.

supreme court formally agreed, opening a new chapter in an age-old debate. >> we've got to find a way that students can provide information about their background, celebrate who they are, without worrying about being discriminated against. >> byron: our thanks to devin. up next, idina menzel, the queen of broadway, the voice of "frozen's" elsa on her latest project what she's sharing about "frozen iii." ♪ let it go let it go ♪ ♪ turn away and slam that door ♪ e skyrizi is the first and only il-23 inhibitor that can deliver clinical remission and endoscopic improvement. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. control of crohn's means everything to me. ask your gastroenterologist about skyrizi.

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>> byron: adina minute zeal has been delighting audiences since she appeared in the landmark broadway mude call "rent" over 25 years ago. tonight why she's so devoted to her lgbtq+ fans and how they've inspired her career. here's abc's rhiannon ally making her "nightline" debut. ♪ so tonight it's my turn ♪ ♪ yeah i'm taking center stage ♪ >> is that what this new album is about? is being true to yourself? >> yeah, it's about owning who i am. i mean, i titled the album, "drama queen." i've played a queen in my life, i'm a queen in my own mind, i am from the theater. but it's also a reclaiming of the word. ♪ let it go let it go ♪ ♪ i am one with the wind and sky ♪ >> reporter: the voice behind

frozen's iconic leading lady, elsa, actress and singer idina menzel. the queen of broadway as she's called by her fans. now channeling her inner drama queen for a new album out later this year. ♪ move for me ah i'm so hot make it move for me ♪ >> i feel things really strongly are i am theatrical. i am passionate and fiery. i'm very sensitive and vulnerable and stupid sometimes. and you know, so all those things, though, they make us who we are. >> this album feels like a different side of you that we haven't seen much of this before. what was your inspiration for the album? >> i wanted to get up and move, honestly, and groove. i wanted people to dance. >> reporter: it's fitting that the album's first single, a song titled "move." ♪ move for me ♪ >> it's pretty much about stepping into your spotlight, if you will, and figuratively or literally, in my case. not letting anybody sort of put you in the shadow.

disco and dance is something that the women that i've loved all my life -- donna summer, gloria gaynor, barbra streisand -- they all had their dance disco moments. people think it's less expected of me, but it's this really organic transition. >> reporter: idina wickedly beloved herself. ♪ who can say if i've been changed for the better ♪ >> reporter: earning a tony award in 2004 for original elphaba hit in the broadway hit "wicked." ♪ into the unknown ♪ >> reporter: enchanting a global audience as the voice of elsa in "frozen" and "frozen ii." ♪ into the unknown ♪ >> those movies have meant so much to millions of people all over the world. how does that feel to be that character? >> it's the greatest thing that's ever happened to me, honestly. there are these moments where i pinch myself. and i remind myself, you know, when i was a little girl, jumping up from behind the

couch, singing to my grandfather. you know, what i wanted to do from way back when. ♪ tomorrow tomorrow i love ya tomorrow ♪ ♪ you're only a day away ♪ >> reporter: idina grew up on new york's long island and started her career in music singing for bar and bat mitzvahs. ♪ i'll do my best to make it ♪ >> reporter: little did anyone know it would one day lead to broadway where she first burst onto the scene in the ground-breaking rock musical "rent." she played maureen johnson, a bisexual performance artist. ♪ just remember that i'm your baby ♪ ♪ take me for what i am ♪ >> reporter: the lgbtq+ community inspiring her performance then, and now on her latest album and dance project which she calls a love letter to them.

how did they inspire this album? >> i have intense feelings about it, because the queer community has really supported me, embraced my creativity. any choices i made artistically through my whole life to sort of step into the footsteps of these characters, i needed to really understand what it's like to have all this power but not necessarily know who you are until finally you see yourself and you relinquish it into the world, you do great things with it. and it's my friends and my family in the queer community that have really demonstrated that to me through their courage and their living of their lives authentically. >> reporter: idina, now celebrating with her lgbtq+ fans, sharing her new music at pride events across the country. ♪ >> they have so much negativity coming at them. all this legislation and everything. they have a reason to be angry and frustrated right now. but at least during this time, they're saying, it's our time to

celebrate. i like to say that, especially to our youth, our lgbtq truth, our trans youth, they're not alone. i don't want them to despair. i don't want them to feel lonely. >> reporter: a message she is instilling in her own family . in a rare instagram photo she writes, "my son was proud of me during pride, that's all that matters." beloved by her younger fans and those young at heart, she also has the much-anticipated "frozen iii" on the horizon. >> i would be in a lot of trouble with my three children if i did not talk about "frozen iii" with elsa. where would you like to see her journey go in sf ? >> i'd like to see her find true love. >> reporter: id deal that finding true love. she married fellow actor aaron lore in 2017. while it might seem like a fairy tale, idina doesn't always feel like she's in one. >> there's a high bar to have

self-esteem and be empowered. and sometimes i'm tired, sometimes i'm depressed, sometimes i don't want to just let it go or defy gravity. but we do. we get up, and we do it. i think especially being moms, there's someone else out there that we need to worry about. >> reporter: in this moment in her life, she's proud to own all of it. >> i write about those feelings of trying to figure out who i am, even still at the age of 52. it doesn't go away. you're always still searching for your identity and who you are and how you're evolving and how you see the world and not changing or compromising yourself for anyone. >> our thanks to rhiannon. "frozen iii" is produced by our parent company, disney. up next, madonna. how the superstar idoing after that health scare. to help protect from hiv. i prep without pills.

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♪ >> byron: finally, word tonight that madonna is now on the mend. the material girl released from the hospital today after spending several days in the icu with a serious bacterial infection. the 64-year-old now recovering at home. her manager says a full recovery is expected. this coming weeks away from the start of her "celebration" world tour, now postponed. we're waiting for word on a new start date. that's "nightline" f t