Will Universities Comply with SCOTUS’ 6 – 3 Decision?

“In other words, the student must be treated based on his or her experiences as an individual – not on the basis of race. Many universities have for too long done just the opposite…. Our constitutional history does not tolerate that choice. The judgment of the Court of Appeals for the First Circuit and of the District Court for the Middle District of North Carolina are reversed. It is so ordered.”
– Supreme Court of the U.S. (SCOTUS) Opinion June 29, 2023, Cases 20-1199 and 21-707

Chief Justice Roberts, who wrote the Court’s Opinion, began his comments with this: “In these cases we consider whether the admissions systems used by Harvard College and the University of North Carolina, two of the oldest institutions of higher learning in the U.S., are lawful under the Equal Protection Clause of the Fourteenth Amendment.” Psst! They weren’t.

The Cases: In November 2014 Students for Fair Admissions, Inc. (SFAI) filed separate lawsuits against Harvard College and the University of North Carolina, arguing that their raced-based admissions programs violated Title VI of the 1964 Civil Rights Act and the Equal Protection Clause of the Fourteenth Amendment. SCOTUS ruled for SFAI in both cases. Title VI prohibits discrimination based on race, color or national origin under a program or activity receiving Federal financial assistance, as does the Fourteenth Amendment.

UNC, Harvard and the 14th Amendment: SCOTUS evaluated the admissions program of both Harvard College and the University of North Carolina under the Fourteenth Amendment. The District Court in both cases held bench trials – Harvard’s lasted 15 days, N.C.‟s lasted eight days. The Harvard Court concluded that Harvard’s admissions program was acceptable and the North Carolina Court said UNC‟s admissions process was permitted under the Equal Protection Clause. Both decisions were reversed by the June 29, 2023 SCOTUS Opinion.

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