U.S. Supreme Court Limits Affirmative Action

In a 6-3 decision likely to have immediate impacts beyond the world of higher education, on June 29, 2023, the U.S. Supreme Court held that Harvard's and the University of North Carolina's admissions programs violate the Equal Protection Clause of the Fourteenth Amendment and clearly stated that Title VI of the Civil Rights Act, which applies to entities receiving federal funding, must be interpreted in the same way as the Equal Protection Clause.

The Ruling

In the companion cases Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina ("Harvard/UNC"), a group of Asian-American students sued Harvard and UNC alleging pervasive anti-Asian discrimination in the schools' admissions process. The Supreme Court had previously held that universities could utilize "race-conscious" admissions policies when deciding whether to admit a student. The Supreme Court granted review in Harvard/UNC