Understanding Key Diversity and Equity Strategies in the Wake of the Supreme Court’s Decision on Race-Conscious Admissions in Higher Education

On June 29, 2023, after months of advocacy by students and higher education leaders nationwide, the U.S. Supreme Court ruled in a consolidated opinion that Harvard University and the University of North Carolina (UNC) violated federal non-discrimination law by considering race as one factor among many in their undergraduate admissions programs in order to promote the educational benefits of a diverse student body. This upended 60 years of legal precedent in a decision that has since caused uncertainty as many college and university leaders continue to contend with constraints that limit equal opportunity in college admissions.

In this publication, we address the U.S. Supreme Court ruling’s practical implications for higher education institutions, highlight what is clearly permissible in light of the new admissions restrictions imposed by the court, and provide an overview of enrollment strategies not addressed by the court that should be central to these higher education institutions’ efforts to advance diversity, equity, and inclusion and to mitigate the harm stemming from the ruling.The Campaign has also prepared a separate resource answering frequently asked questions about the ruling.

Authored by Art Coleman, Managing Partner, and Ed Smith, Senior Policy Advisor, of EducationCounsel, this publication highlights that education plays a central role as an engine of social mobility, and leaders can still commit to upholding diversity in admissions — including for Latinx, Black, Asian American, Native Hawaiian and Pacific Islander, and American Indian/Alaska Native students. Even as one tool to advance inclusion, for now, has been eliminated, this decision sets the stage for higher education and policy leaders to implement innovative and proven strategies that remove barriers to college access and success. We still have a responsibility to foster these values and create equitable learning environments that are imperative for America’s multiracial economy and democracy to prosper. In our latest publication under our Affirming Equity, Ensuring Inclusion, Empowering Action national initiative, we address the U.S. Supreme Court ruling’s practical implications for higher education institutions, highlight what is clearly permissible in light of the new admissions restrictions imposed by the court, and provide an overview of enrollment strategies not addressed by the court that should be central to these higher education institutions’ efforts to advance diversity, equity, and inclusion and to mitigate the harm stemming from the ruling.