Supreme Court Strikes Down Race-Based Admissions Policies

On June 29, 2023, the U.S. Supreme Court found Harvard University's and the University of North Carolina's affirmative action admission policies unconstitutional in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The decision reversed years of cases permitting race-based admission policies. Colleges and universities should review their admission policies in light of the decision.

What is the background of the case?

In November 2014, Students for Fair Admissions (SFFA) sued both Harvard University and the University of North Carolina (UNC), alleging the schools' admissions processes violated both Title VI of the Civil Rights Act of 1964 and the 14th Amendment's Equal Protection Clause because they considered race as a factor in admissions. SFFA argued that Harvard discriminated against Asian Americans in its subjective "personal rating" factor. And SFFA alleged that UNC discriminated against white and Asian-American students,