US Supreme Court Holds Race-Based University Admissions Programs Unconstitutional

On June 29, 2023, the US Supreme Court issued its long-awaited decision on the constitutionality of race-based admissions programs in higher education. In a decision that split along ideological lines, the Court held that the admissions programs at Harvard University and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment, and therefore are unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (UNC)¹, et al. (together, SFFA). The ruling – while expected—denotes a sea change from decades of precedent regarding the consideration of race in higher education admissions.