On Thursday, June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. The opinion jointly addressed the issues presented in SFFA v. Harvard and SFFA v. University of North Carolina. The question before the Court was whether the raceconscious admissions systems used by Harvard and UNC violate the Equal Protection Clause of the Fourteenth Amendment.

In a 63 decision, the Court held that Harvard and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment. Chief Justice Roberts wrote for the Court; Justices Thomas, Gorsuch, and Kavanaugh filed concurring opinions; Justices Sotomayor and Jackson filed dissenting opinions. Justice Jackson took no part in the consideration or decision of SFFA v. Harvard.

Curt Levey joined us to discuss the decision.

Featuring:

Curt Levey, President, Committee for Justice

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.