Supreme Court to hear Harvard University & UNC Chapel Hill case regarding admissions policies

The Supreme Court has agreed to rule on whether race-conscious admissions programs at Harvard and the University of North Carolina are legal. The Students for Fair Admissions (SFFA) activist group has asked the Supreme Court to hear their appeal of these cases. By using race as one factor of many factors in evaluating applicants, the Harvard case alleges discrimination against Asian Americans and the North Carolina case alleges discrimination against Whites and Asian Americans. The Supreme Court combined the two cases.

Lower courts decided that the affirmative action admissions policies at Harvard and UNC are legal, and the Supreme Court has upheld similar programs as recent as 2016. What makes this combined case interesting is the new composition of the U.S. Supreme Court. With a 6-3 conservative split, the conservative supermajority could rule against the affirmative action admissions policies. If this were to happen, the universities could be investigated by the DOJ and potentially lose federal funding from the Department of Education. This is also likely to result in a giant ripple effect across all institutions of higher learning.

Unlike affirmative action in employment that requires terms of employment be made without regard for race and other protected factors, institutions of higher education are permitted to use race as a factor in admission. The universities argue that their affirmative action admissions policies enhance diversity and equal opportunity on their campuses and learning environments. Both universities asked the Supreme Court not to consider an appeal of a lower court’s ruling. At the Supreme Court’s request, the U.S. solicitor general weighed in, discouraging the Supreme Court from taking the case.

The Supreme Court is likely to hear the combined case for one hour in its next term which starts in October. A decision is not expected until mid-2023.