Affirmative Action Falls

The Supreme Court declared affirmative action in higher education admissions unconstitutional in a widely expected ruling Thursday.Photo byJulian J. Giordano

June 29, 2023

The Supreme Court restricted affirmative action in higher education admissions and declared Harvard's race-conscious admissions policy unconstitutional in a ruling against the school Thursday.

The 6-2 decision — widely expected by legal scholars due to the Court’s strong conservative majority — marks a major setback for Harvard, which has faced scrutiny for its admissions practices since anti-affirmative action group Students for Fair Admissions first filed suit in 2014.

The suit alleged the College’s admissions processes discriminate against Asian Americans in violation of the Civil Rights Act of 1964, which bans institutions that receive federal funds from discriminating “on the grounds of race, color, or national origin.”

The Supreme Court also ruled against the University of North Carolina and its admissions policies in a 6-3 decision. Justices heard the suits, both brought by SFFA, on the same day last October.

During oral arguments, the Supreme Court’s conservative majority appeared ready to strike down affirmative action. Lawyers representing Harvard faced sharp questions about the educational value of racial diversity, legacy admissions, and the “personal rating” metric, which evaluates applicants’ character traits.

Harvard has long denied that its race-conscious admissions processes discriminate against Asian Americans, who consistently rated lower than other groups in personal ratings, according to data filed in federal court in Boston.

The ruling overturns two lower court rulings in Harvard’s favor. The Massachusetts District Court ruled in support of Harvard in 2019, a decision upheld by a federal appeals court in 2020. In early 2021, SFFA petitioned the Supreme Court to hear the case, and the Court agreed to hear the case a year later.

The Supreme Court’s decision is a victory decades in the making for SFFA President Edward J. Blum, who has orchestrated more than two dozen lawsuits challenging racial preference laws.

The Court first ruled in favor of race-conscious admissions in Regents of the University of California v. Bakke in 1978. Until Thursday's ruling, the Court had narrowly upheld affirmative action through challenges in 2003, 2013, and 2016.

The Harvard and UNC rulings have far-reaching implications for universities across the country, whose current admissions policies will likely need to be adjusted.

This story will be updated.

—Staff writer Michelle N. Amponsah can be reached at michelle.amponsah@thecrimson.com

—Staff writer Emma H. Haidar can be reached at emma.haidar@thecrimson.com