throbber

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 (Slip Opinion) OCTOBER TERM, 2022
`Syllabus
`NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
`being done in connection with this case, at the time the opinion is issued.
`The syllabus constitutes no part of the opinion of the Court but has been
`prepared by the Reporter of Decisions for the convenience of the reader.
`See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
`SUPREME COURT OF THE UNITED STATES
`Syllabus
`STUDENTS FOR FAIR ADMISSIONS, INC. v.
`PRESIDENT AND FELLOWS OF HARVARD COLLEGE
`CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
`THE FIRST CIRCUIT
`No. 20–1199. Argued October 31, 2022—Decided June 29, 2023*
`Harvard College and the University of North Carolina (UNC) are two of
`the oldest institutions of higher le arning in the United States. Every
`year, tens of thousands of students apply to each school; many fewer
`are admitted. Both Harvard and UNC employ a highly selective ad-
`missions process to make their decisions. Admission to each school can
`depend on a student’s grades, recommendation letters, or extracurric-
`ular involvement. It can also depend on their race. The question pre-
`sented is whether the admissions systems used by Harvard College
`and UNC are lawful under the Equal Protection Clause of the Four-
`teenth Amendment.
`At Harvard, each application for admission is initially screened by a
`“first reader,” who assigns a numerical score in each of six categories:
`academic, extracurricular, athletic, school support, personal, and over-
`all. For the “overall” category—a composite of the five other ratings—
`a first reader can and does consider the applicant’s race. Harvard’s
`admissions subcommittees then review all applications from a partic-
`ular geographic area. These regional subcommittees make recommen-
`dations to the full admissions committee, and they take an applicant’s
`race into account. When the 40-member full admissions committee
`begins its deliberations, it discusses the relative breakdown of appli-
`cants by race. The goal of the process, according to Harvard’s director
`of admissions, is ensuring there is no “dramatic drop-off” in minority
`admissions from the prior class. An applicant receiving a majority of
`——————
`*Together with No. 21–707, Students for Fair Admissions, Inc. v. Uni-
`versity of North Carolina et al. , on certiorari before judgment to the
`United States Court of Appeals for the Fourth Circuit.
`Case: 19-2005 Document: 00118025868 Page: 1 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT
`AND FELLOWS OF HARVARD COLLEGE
`Syllabus
`the full committee’s votes is tentatively accepted for admission. At the
`end of this process, the racial co mposition of the tentative applicant
`pool is disclosed to the committee. The last stage of Harvard’s admis-
`sions process, called the “lop,” winnows the list of tentatively admitted
`students to arrive at the final class. Applicants that Harvard consid-
`ers cutting at this stage are placed on the “lop list,” which contains
`only four pieces of information: legacy status, recruited athlete status,
`financial aid eligibility, and race. In the Harvard admissions process,
`“race is a determinative tip for” a significant percentage “of all admit-
`ted African American and Hispanic applicants.”
`UNC has a similar admissions proc ess. Every application is re-
`viewed first by an admissions office reader, who assigns a numerical
`rating to each of several categories. Readers are required to consider
`the applicant’s race as a factor in their review. Readers then make a
`written recommendation on each a ssigned application, and they may
`provide an applicant a substantial “plus” depending on the applicant’s
`race. At this stage, most recommend ations are provisionally final. A
`committee of experienced staff members then conducts a “school group
`review” of every initial decision made by a reader and either approves
`or rejects the recommendation. In making those decisions, the com-
`mittee may consider the applicant’s race.
`Petitioner, Students for Fair Ad missions (SFFA), is a nonprofit or -
`ganization whose stated purpose is “to defend human and civil rights
`secured by law, including the right of individuals to equal protection
`under the law.” SFFA filed separate lawsuits against Harvard and
`UNC, arguing that their race-based admissions programs violate, re -
`spectively, Title VI of the Civil Rights Act of 1964 and the Equal Pro-
`tection Clause of the Fourteenth Amendment. After separate bench
`trials, both admissions programs were found permissible under the
`Equal Protection Clause and this Court’s precedents. In the Harvard
`case, the First Circuit affirmed, and this Court granted certiorari. In
`the UNC case, this Court granted certiorari before judgment.
`Held: Harvard’s and UNC’s admissions programs violate the Equal Pro-
`tection Clause of the Fourteenth Amendment. Pp. 6–40.
`(a) Because SFFA complies with th e standing requirements for or -
`ganizational plaintiffs articulated by this Court in Hunt v. Washington
`State Apple Advertising Comm’n, 432 U. S. 333, SFFA’s obligations un-
`der Article III are satisfied, and this Court has jurisdiction to consider
`the merits of SFFA’s claims.
`The Court rejects UNC’s argument that SFFA lacks standing be-
`cause it is not a “genuine” membership organization. An organiza -
`tional plaintiff can satisfy Article III jurisdiction in two ways, one of
`which is to assert “standing solely as the representative of its mem-
`Case: 19-2005 Document: 00118025868 Page: 2 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3 Cite as: 600 U. S. ____ (2023)
`Syllabus
`bers,” Warth v. Seldin, 422 U. S. 490, 511, an approach known as rep-
`resentational or organizational standing. To invoke it, an organization
`must satisfy the three-part test in Hunt. Respondents do not suggest
`that SFFA fails Hunt ’s test for organizational standing. They argue
`instead that SFFA cannot invoke organizational standing at all be-
`cause SFFA was not a genuine membership organization at the time
`it filed suit. Respondents maintain that, under Hunt, a group qualifies
`as a genuine membership organizati on only if it is controlled and
`funded by its members. In Hunt, this Court determined that a state
`agency with no traditional member s could still qualify as a genuine
`membership organization in subs tance because the agency repre-
`sented the interests of individuals and otherwise satisfied Hunt’s
`three-part test for organizational standing. See 432 U. S., at 342.
`Hunt’s “indicia of membership” analysis, however, has no applicability
`here. As the courts below found, SFFA is indisputably a voluntary
`membership organization with iden tifiable members who support its
`mission and whom SFFA represents in good faith. SFFA is thus enti-
`tled to rely on the organizational standing doctrine as articulated in
`Hunt. Pp. 6–9.
`(b) Proposed by Congress and ratifi ed by the States in the wake of
`the Civil War, the Fourteenth Amendment provides that no State shall
`“deny to any person . . . the equal protection of the laws.” Proponents
`of the Equal Protection Clause described its “foundation[al] principle”
`as “not permit[ing] any distinctions of law based on race or color.” Any
`“law which operates upon one man,” they maintained, should “operate
`equally upon all.” Accordingly, as this Court’s early decisions inter -
`preting the Equal Protection Clau se explained, the Fourteenth
`Amendment guaranteed “that the law in the States shall be the same
`for the black as for the white; that all persons, whether colored or
`white, shall stand equal before the laws of the States.”
`Despite the early recognition of the broad sweep of the Equal Pro-
`tection Clause, the Court—alongsid e the country—quickly failed to
`live up to the Clause’s core commitments. For almost a century after
`the Civil War, state-mandated segr egation was in many parts of the
`Nation a regrettable norm. This Cour t played its own role in that ig-
`noble history, allowing in Plessy v. Ferguson the separate but equal
`regime that would come to deface much of America. 163 U. S. 537.
`After Plessy, “American courts . . . labored with the doctrine [of sep-
`arate but equal] for over half a century.” Brown v. Board of Education,
`347 U. S. 483, 491. Some cases in this period attempted to curtail the
`perniciousness of the doctrine by em phasizing that it required States
`to provide black students educational opportunities equal to—even if
`formally separate from—those en joyed by white students. See, e.g.,
`Missouri ex rel. Gaines v. Canada, 305 U. S. 337, 349–350. But the
`Case: 19-2005 Document: 00118025868 Page: 3 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT
`AND FELLOWS OF HARVARD COLLEGE
`Syllabus
`inherent folly of that approach—of trying to derive equality from ine-
`quality—soon became apparent. As the Court subsequently recog -
`nized, even racial distinctions that were argued to have no palpable
`effect worked to subordinate the afflicted students. See, e.g., McLau-
`rin v. Oklahoma State Regents for Higher Ed., 339 U. S. 637, 640–642.
`By 1950, the inevitable truth of the Fourteenth Amendment had thus
`begun to reemerge: Separate cannot be equal.
`The culmination of this approach came finally in Brown v. Board of
`Education, 347 U. S. 483. There, the Court overturned the separate
`but equal regime established in Plessy and began on the path of inval-
`idating all de jure racial discrimination by the States and Federal Gov-
`ernment. The conclusion reached by the Brown Court was unmistak-
`ably clear: the right to a public education “must be made available to
`all on equal terms.” 347 U. S., at 493. The Court reiterated that rule
`just one year later, holding that “full compliance” with Brown required
`schools to admit students “on a racially nondiscriminatory basis.”
`Brown v. Board of Education, 349 U. S. 294, 300–301.
`In the years that followed, Brown’s “fundamental principle that ra-
`cial discrimination in public education is unconstitutional,” id., at 298,
`reached other areas of life—for example, state and local laws requiring
`segregation in busing, Gayle v. Browder, 352 U. S. 903 ( per curiam);
`racial segregation in the enjoyment of public beaches and bathhouses
`Mayor and City Council of Baltimore v. Dawson, 350 U. S. 877 (per cu-
`riam); and antimiscegenation laws, Loving v. Virginia, 388 U. S. 1.
`These decisions, and others like them, reflect the “core purpose” of the
`Equal Protection Clause: “do[ing] away with all governmentally im-
`posed discrimination based on race.” Palmore v. Sidoti, 466 U. S. 429,
`432.
`Eliminating racial discrimination means eliminating all of it. Ac-
`cordingly, the Court has held that the Equal Protection Clause applies
`“without regard to any differences of race, of color, or of nationality”—
`it is “universal in [its] application.” Yick Wo v. Hopkins, 118 U. S. 356,
`369. For “[t]he guarantee of equal protection cannot mean one thing
`when applied to one individual and something else when applied to a
`person of another color.” Regents of Univ. of Cal. v. Bakke, 438 U. S.
`265, 289–290.
`Any exceptions to the Equal Protection Clause’s guarantee must
`survive a daunting two-st ep examination known as “strict scrutiny,”
`Adarand Constructors, Inc. v. Peña, 515 U. S. 200, 227, which asks
`first whether the racial classification is used to “further compelling
`governmental interests,” Grutter v. Bollinger, 539 U. S. 306, 326, and
`second whether the government’s use of race is “narrowly tailored,”
`i.e., “necessary,” to achieve that interest, Fisher v. University of Tex. at
`Austin, 570 U. S. 297, 311–312. Acceptance of race-based state action
`Case: 19-2005 Document: 00118025868 Page: 4 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5 Cite as: 600 U. S. ____ (2023)
`Syllabus
`is rare for a reason: “[d]istinctions between citizens solely because of
`their ancestry are by their very na ture odious to a free people whose
`institutions are founded upon the doctrine of equality.” Rice v. Cay-
`etano, 528 U. S. 495, 517. Pp. 9–16.
`(c) This Court first considered whether a university may make race-
`based admissions decisions in Bakke, 438 U. S. 265. In a deeply splin-
`tered decision that produced six different opinions, Justice Powell’s
`opinion for himself alone would eventually come to “serv[e] as the
`touchstone for constitutional analysis of race-conscious admissions
`policies.” Grutter, 539 U. S., at 323. After rejecting three of the Uni-
`versity’s four justifications as not sufficiently compelling, Justice Pow-
`ell turned to its last interest asserted to be compelling—obtaining the
`educational benefits that flow from a racially diverse student body.
`Justice Powell found that interest to be “a constitutionally permissible
`goal for an institution of higher education,” which was entitled as a
`matter of academic freedom “to make its own judgments as to . . . the
`selection of its student body.” 438 U. S., at 311–312. But a university’s
`freedom was not unlimited—“[r]acial and ethnic distinctions of any
`sort are inherently suspect,” Justice Powell explained, and antipathy
`toward them was deeply “rooted in our Nation’s constitutional and de-
`mographic history.” Id., at 291. Accordingly, a university could not
`employ a two-track quota system wi th a specific number of seats re -
`served for individuals from a preferred ethnic group. Id., at 315. Nei-
`ther still could a university use race to foreclose an individual from all
`consideration. Id., at 318. Race could only operate as “a ‘plus’ in a
`particular applicant’s file,” and even then it had to be weighed in a
`manner “flexible enough to consider all pertinent elements of diversity
`in light of the particular qualifications of each applicant.” Id., at 317.
`Pp. 16–19.
`(d) For years following Bakke , lower courts struggled to determine
`whether Justice Powell’s decision was “binding precedent.” Grutter,
`539 U. S., at 325. Then, in Grutter v. Bollinger, the Court for the first
`time “endorse[d] Justice Powell’s view that student body diversity is a
`compelling state interest that can justify the use of race in university
`admissions.” Ibid. T h e Grutter majority’s analysis tracked Justice
`Powell’s in many respects, includin g its insistence on limits on how
`universities may consider race in their admissions programs. Those
`limits, Grutter explained, were intended to guard against two dangers
`that all race-based government action portends. The first is the risk
`that the use of race will devolve into “illegitimate . . . stereotyp[ing].”
`Richmond v. J. A. Croson Co. , 488 U. S. 469, 493 (plurality opinion).
`Admissions programs could thus not operate on the “belief that minor-
`ity students always (or even consistently) express some characteristic
`minority viewpoint on any issue.” Grutter, 539 U. S., at 333 (internal
`Case: 19-2005 Document: 00118025868 Page: 5 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT
`AND FELLOWS OF HARVARD COLLEGE
`Syllabus
`quotation marks omitted). The second risk is that race would be used
`not as a plus, but as a negative—to discriminate against those racial
`groups that were not the beneficiaries of the race-based preference. A
`university’s use of race, accordingly, could not occur in a manner that
`“unduly harm[ed] nonminority applicants.” Id., at 341.
`To manage these concerns, Grutter imposed one final limit on race-
`based admissions programs: At some point, the Court held, they must
`end. Id., at 342. Recognizing that “[e]nshrining a permanent justifi -
`cation for racial preferences would offend” the Constitution’s unambig-
`uous guarantee of equal protection , the Court expressed its expecta-
`tion that, in 25 years, “the use of racial preferences will no longer be
`necessary to further the interest approved today.” Id., at 343. Pp. 19–
`21.
`(e) Twenty years have passed since Grutter, with no end to race-
`based college admissions in sight. But the Court has permitted race-
`based college admissions only within the confines of narrow re-
`strictions: such admissions programs must comply with strict scrutiny,
`may never use race as a stereotyp e or negative, and must—at some
`point—end. Respondents’ admissions systems fail each of these crite-
`ria and must therefore be invalidated under the Equal Protection
`Clause of the Fourteenth Amendment. Pp. 21–34.
`(1) Respondents fail to operat e their race-based admissions pro-
`grams in a manner that is “sufficien tly measurable to permit judicial
`[review]” under the rubric of strict scrutiny. Fisher v. University of
`Tex. at Austin, 579 U. S. 365, 381. First, the interests that respondents
`view as compelling cannot be subjected to meaningful judicial review.
`Those interests include training future leaders, acquiring new
`knowledge based on diverse outlooks, promoting a robust marketplace
`of ideas, and preparing engaged and productive citizens. While these
`are commendable goals, they are not sufficiently coherent for purposes
`of strict scrutiny. It is unclear how courts are supposed to measure
`any of these goals, or if they coul d, to know when they have been
`reached so that racial preferences can end. The elusiveness of respond-
`ents’ asserted goals is further illustrated by comparing them to recog-
`nized compelling interests. For example, courts can discern whether
`the temporary racial segregation of inmates will prevent harm to those
`in the prison, see Johnson v. California, 543 U. S. 499, 512–513, but
`the question whether a pa rticular mix of minority students produces
`“engaged and productive citizens” or effectively “train[s] future lead-
`ers” is standardless.
`Second, respondents’ admissions programs fail to articulate a mean-
`ingful connection between the means they employ and the goals they
`pursue. To achieve the educational benefits of diversity, respondents
`measure the racial composition of their classes using racial categories
`Case: 19-2005 Document: 00118025868 Page: 6 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7 Cite as: 600 U. S. ____ (2023)
`Syllabus
`that are plainly overbroad (expressing, for example, no concern
`whether South Asian or East Asian students are adequately repre-
`sented as “Asian”); arbitrary or undefined (the use of the category “His-
`panic”); or underinclusive (no category at all for Middle Eastern stu-
`dents). The unclear connection between the goals that respondents
`seek and the means they employ preclude cour ts from meaningfully
`scrutinizing respondents’ admissions programs.
`The universities’ main response to these criticisms is “trust us.”
`They assert that universities are owed deference when using race to
`benefit some applicants but not others. While this Court has recog -
`nized a “tradition of giving a degree of deference to a university’s aca-
`demic decisions,” it has made clear that deference must exist “within
`constitutionally prescribed limits.” Grutter, 539 U. S., at 328. Re-
`spondents have failed to present an exceedingly persuasive justifica -
`tion for separating students on th e basis of race that is measurable
`and concrete enough to permit judicial review, as the Equal Protection
`Clause requires. Pp. 22–26.
`(2) Respondents’ race-based admissions systems also fail to com-
`ply with the Equal Protection Clause’s twin commands that race may
`never be used as a “negative” and that it may not operate as a stereo-
`type. The First Circuit found that Harvard’s consideration of race has
`resulted in fewer admissions of Asian-American students. Respond-
`ents’ assertion that race is never a negative factor in their admissions
`programs cannot withstand scrutiny. College admissions are zero-
`sum, and a benefit provided to some applicants but not to others nec -
`essarily advantages the former at the expense of the latter.
`Respondents admissions programs are infirm for a second reason as
`well: They require ster eotyping—the very thing Grutter foreswore.
`When a university admits students “on the basis of race, it engages in
`the offensive and demeaning assumption that [students] of a particu-
`lar race, because of their race, think alike.” Miller v. Johnson , 515
`U. S. 900, 911–912. Such stereotyping is contrary to the “core purpose”
`of the Equal Protection Clause. Palmore, 466 U. S., at 432. Pp. 26–
`29.
`(3) Respondents’ admissions programs also lack a “logical end
`point” as Grutter required. 539 U. S., at 342. Respondents suggest
`that the end of race-based admissions programs will occur once mean-
`ingful representation and diversity are achieved on college campuses.
`Such measures of success amount to little more than comparing the
`racial breakdown of the incoming class and comparing it to some other
`metric, such as the racial makeup of the previous incoming class or the
`population in general, to see whether some proportional goal has been
`reached. The problem with this approach is well established:
`“[O]utright racial balancing” is “patently unconstitutional.” Fisher,
`Case: 19-2005 Document: 00118025868 Page: 7 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`8 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT
`AND FELLOWS OF HARVARD COLLEGE
`Syllabus
`570 U. S., at 311. Respondents’ second proffered end point—when stu-
`dents receive the educational benefits of diversity—fares no better. As
`explained, it is unclear how a court is supposed to determine if or when
`such goals would be adequately met. Third, respondents suggest the
`25-year expectation in Grutter means that race-based preferences
`must be allowed to continue until at least 2028. The Court’s statement
`in Grutter, however, reflected only that Court’s expectation that race-
`based preferences would, by 2028, be unnecessary in the context of ra-
`cial diversity on college campuses. Finally, respondents argue that the
`frequent reviews they conduct to determine whether racial preferences
`are still necessary obviates the need for an end point. But Grutter
`never suggested that periodic revi ew can make unconstitutional con-
`duct constitutional. Pp. 29–34.
`(f) Because Harvard’s and UNC’s ad missions programs lack suffi-
`ciently focused and measurable objectives warranting the use of race,
`unavoidably employ race in a negati ve manner, involve racial stereo-
`typing, and lack meaningful end points, those admissions programs
`cannot be reconciled with the guar antees of the Equal Protection
`Clause. At the same time, nothing prohibits universities from consid-
`ering an applicant’s discussion of how race affected the applicant’s life,
`so long as that discussion is concretely tied to a quality of character or
`unique ability that the particular applicant can contribute to the uni-
`versity. Many universities have for too long wrongly concluded that
`the touchstone of an individual’s identity is not challenges bested,
`skills built, or lessons learned, but the color of their skin. This Nation’s
`constitutional history does not tolerate that choice. Pp. 39–40.
`No. 20–1199, 980 F. 3d 157; No. 21–707, 567 F. Supp. 3d 580, reversed.
` R
`OBERTS, C. J., delivered the opinio n of the Court, in which T HOMAS,
`ALITO, G ORSUCH, K AVANAUGH, and B ARRETT, JJ., joined. T HOMAS, J.,
`filed a concurring opinion. G ORSUCH, J., filed a concurring opinion, in
`which T HOMAS, J., joined. K AVANAUGH, J., filed a concurring opinion.
`SOTOMAYOR, J., filed a dissenting opinion, in which KAGAN, J., joined, and
`in which J ACKSON, J., joined as it applies to No. 21–707. J ACKSON, J.,
`filed a dissenting opinion in No. 21–707, in which S OTOMAYOR and K A-
`GAN, JJ., joined. J ACKSON, J., took no part in th e consideration or deci-
`sion of the case in No. 20–1199.
`Case: 19-2005 Document: 00118025868 Page: 8 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_________________
`_________________
`1 Cite as: 600 U. S. ____ (2023)
`Opinion of the Court
`NOTICE: This opinion is subject to formal revision before publication in the
`United States Reports. Readers are requested to notify the Reporter of
`Decisions, Supreme Court of the United States, Washington, D. C. 20543,
`pio@supremecourt.gov, of any typographical or other formal errors.
`SUPREME COURT OF THE UNITED STATES
`Nos. 20–1199 and 21–707
`STUDENTS FOR FAIR ADMISSIONS, INC.,
`PETITIONER
`20–1199 v.
`PRESIDENT AND FELLOWS OF
`HARVARD COLLEGE
`ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
`APPEALS FOR THE FIRST CIRCUIT
`STUDENTS FOR FAIR ADMISSIONS, INC.,
`PETITIONER
`21–707 v.
`UNIVERSITY OF NORTH CAROLINA, ET AL.
`ON WRIT OF CERTIORARI BEFORE JUDGMENT TO THE UNITED
`STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`[June 29, 2023]
` CHIEF JUSTICE ROBERTS delivered the opinion of the
`Court.
`In these cases we consider whether the admissions sys-
`tems used by Harvard College and the University of North
`Carolina, two of the oldest institutions of higher learning in
`the United States, are lawful under the Equal Protection
`Clause of the Fourteenth Amendment.
`I
`A
`Founded in 1636, Harvard College has one of the most
`Case: 19-2005 Document: 00118025868 Page: 9 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT
`AND FELLOWS OF HARVARD COLLEGE
`Opinion of the Court
`selective application processes in the country. Over 60,000
`people applied to the school last year; fewer than 2,000 were
`admitted. Gaining admission to Harvard is thus no easy
`feat. It can depend on having excellent grades, glowing rec-
`ommendation letters, or overcomi ng significant adversity.
`See 980 F. 3d 157, 166–169 (CA1 2020). It can also depend
`on your race.
`The admissions process at Harvard works as follows.
`Every application is initially screened by a “first reader,”
`who assigns scores in six categories: academic, extracurric-
`ular, athletic, school suppo rt, personal, and overall. Ibid.
`A rating of “1” is the best; a rating of “6” the worst. Ibid. In
`the academic category, for example, a “1” signifies “near -
`perfect standardized test scores and grades”; in the extra -
`curricular category, it indicates “truly unusual achieve-
`ment”; and in the personal category, it denotes “outstand-
`ing” attributes like maturi ty, integrity, leadership,
`kindness, and courage. Id., at 167–168. A score of “1” on
`the overall rating—a composite of the five other ratings—
`“signifies an exceptional candidate with >90% chance of ad-
`mission.” Id., at 169 (internal quotation marks omitted). In
`assigning the overall rating, the first readers “can and do
`take an applicant’s race into account.” Ibid.
`Once the first read process is complete, Harvard convenes
`admissions subcommittees. Ibid. Each subcommittee
`meets for three to five days and evaluates all applicants
`from a particular geographic area. Ibid. The subcommit-
`tees are responsible for making recommendations to the full
`admissions committee. Id., at 169–170. The subcommit-
`tees can and do take an applicant’s race into account when
`making their recommendations. Id., at 170.
`The next step of the Harvard process is the full committee
`meeting. The committee has 40 members, and its discus-
`sion centers around the applicants who have been recom-
`mended by the regional subcommittees. Ibid. At the begin-
`ning of the meeting, the committee discusses the relative
`Case: 19-2005 Document: 00118025868 Page: 10 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3 Cite as: 600 U. S. ____ (2023)
`Opinion of the Court
`breakdown of applicants by race. The “goal,” according to
`Harvard’s director of admissions, “is to make sure that
`[Harvard does] not hav[e] a dramatic drop-off ” in minority
`admissions from the prior class. 2 App. in No. 20–1199,
`pp. 744, 747–748. Each applicant considered by the full
`committee is discussed one by one, and every member of the
`committee must vote on admission. 980 F. 3d, at 170. Only
`when an applicant secures a majority of the full committee’s
`votes is he or she tentatively accepted for admission. Ibid.
`At the end of the full committee meeting, the racial compo-
`sition of the pool of tentatively admitted students is dis-
`closed to the committee. Ibid.; 2 App. in No. 20–1199, at
`861.
`The final stage of Harvard’s process is called the “lop,”
`during which the list of tentatively admitted students is
`winnowed further to arrive at the final class. Any appli-
`cants that Harvard considers cutting at this stage are
`placed on a “lop list,” which contains only four pieces of
`information: legacy status, recruited athlete status,
`financial aid eligibility, and race. 980 F. 3d, at 170. The
`full committee decides as a group which students to lop.
`397 F. Supp. 3d 126, 144 (Mass. 2019). In doing so, the com-
`mittee can and does take race into account. Ibid. Once the
`lop process is complete, Harvard’s admitted class is set.
`Ibid. In the Harvard admissions process, “race is a deter -
`minative tip for” a significant percentage “of all admitted
`African American and Hispanic applicants.” Id., at 178.
`B
`Founded shortly after the Constitution was ratified,
`the University of North Carolina (UNC) prides itself on be-
`ing the “nation’s first public university.” 567 F. Supp.
`3d 580, 588 (MDNC 2021). Like Harvard, UNC’s “admis -
`sions process is highly selective”: In a typical year, the
`school “receives approximately 43,500 applications for
`Case: 19-2005 Document: 00118025868 Page: 11 Date Filed: 06/29/2023 Entry ID: 6577045
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT
`AND FELLOWS OF HARVARD COLLEGE
`Opinion of the Court
`its freshman class of 4,200.” Id., at 595.
`Every application the Universi ty receives is initially re -
`viewed by one of approximately 40 admissions office read-
`ers, each of whom reviews roughly five applications per
`hour. Id., at 596, 598. Readers are required to consider
`“[r]ace and ethnicity . . . as one factor” in their review. Id.,
`at 597 (internal quotation marks omitted). Other factors
`include academic performance and rigor, standardized test-
`ing results, extracurricular involvement, essay quality, per-
`sonal factors, and student background. Id., at 600. Readers
`are responsible for providing numerical ratings for the aca-
`demic, extracurricular, pers onal, and essay categories.
`Ibid. During the years at issue in this litigation, un-
`derrepresented minority students were “more likely to
`score [highly] on their personal ratings than their white and
`Asian American peers,” but were more likely to be “rated
`lower by UNC readers on their academic program, aca-
`demic performance, . . . extracurricular activities,” and es-
`says. Id., at 616–617.
`After assessing an applicant’s materials along these
`lines, the reader “formulates an opinion about whether the
`student should be offered admission” and then “writes a
`comment defending his or her recommended decision.” Id.,
`at 598 (internal quotation marks omitted). In making that
`decision, readers may offer students a “plus” based on their
`race, which “may be significant in an individual case.” Id.,
`at 601 (internal quotation marks omitted). The admissions
`decisions made by the first readers are, in most cases, “pro-
`visionally final.” Students for Fair Admissions, Inc. v. Uni-
`versity of N. C. at Chapel Hill , No. 1:14–cv–954 (MDNC,
`Nov. 9, 2020), ECF Doc. 225, p. 7, ¶52.
`Following the first read proce ss, “applications then go to
`a process called ‘school group review’ . . . where a committee
`composed of experienced staff members reviews every [ini-
`tial] decision.” 567 F. Supp. 3d, at 599. The review com-
`mittee receives a report on each student which contains,
`Case: 19-2005 Document: 00118025868 Page: 12 Date Filed: 06/29/2

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket