The Supreme Court and Race-Conscious Admission


Federal Agencies Release Guidance on Admission Practices Post-SFFA

The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division jointly released resources on Aug. 14 to help colleges and universities understand the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, and Students for Fair Admissions, Inc. v. University of North Carolina et al. (collectively “SFFA”). The documents offer example steps colleges and universities can take to lawfully achieve a diverse student body moving forward.

Preliminary Guidance Regarding the U.S. Supreme Court’s Decision in SFFA v. Harvard and SFFA v. UNC

EducationCounsel has developed initial directional guidance for leadership within the higher education community in light of immediate enrollment issues following the SFFA decision.

U.S. Supreme Court Cases Involving Race-Conscious Admission

NACAC has assembled helpful pre-decision tools for NACAC members. Review these tools to understand the central issues, potential outcomes, and actions that can be taken prior to a decision being released.

Amicus Brief

NACAC is proud to be among the scores of education-focused organizations that submitted amicus briefs to the Supreme Court. Read the Amicus Brief  

College Admissions Decoded Podcast Episode: Race-Conscious Admission and the Potential Implications of the Upcoming Supreme Court Ruling

Recorded November 14th, 2022 | 38:01

Resources mentioned in the episode:

News Coverage

  • Employers Benefitted from Affirmative Action. It’s Time to Step Up – NY Times Op-Ed by NACAC CEO Angel B. Pérez
  • What students can expect after Supreme Court’s ruling on affirmative action – USA Today
  • NACAC’s David Hawkins on Scripps News Tonight
  • The affirmative action ruling has already upended college applications – Washington Post
  • Biden wants to help keep colleges diverse. Can he? – Washington Post
  • College Admissions and Race, Student Debt Ruling, Actors Union Negotiations – NPR (podcast)
  • Can Colleges Be Racially Diverse Without Affirmative Action? Experience Suggests No – Wall Street Journal
  • ‘We’re really worried.’ What do colleges do now after affirmative action ruling? – LA Times (syndicated on AOL)
  • Four things students need to know after the Supreme Court ruled against affirmative action – NBC News
  • Supreme Court bans affirmative action in college admissions – Boston Globe
  • Supreme Court Strikes Down Use of Race in College Admissions – US News and World Report
  • If Affirmative Action Ends, College Admissions May Be Changed Forever – New York Times
  • What’s at stake in the Supreme Court affirmative action cases – PBS NewsHour
  • How the Supreme Court affirmative action case may impact higher ed in Boston – WBUR Boston
  • As Race-Conscious Admissions Policies Go Before the Supreme Court, Here’s What 6 Experts Are Listening For – The Chronicle
  • A Racial Reckoning For College Access In America – Forbes
  • The case that could overhaul college admissions – Politico
  • How 2 SCOTUS cases could change American universities – Yahoo News
  • How can colleges prepare for the possibility the Supreme Court will strike down race-conscious admissions? – Higher Ed Dive
  • The Supreme Court Has Upheld Race-Conscious Admissions Again and Again. Will This Time Be Different? – The Chronicle
  • The Future Of Affirmative Action – NPR’s 1A
  • The Playbook: Understanding the Role of Race Neutral Strategies in Advancing Higher Education Diversity Goals, 2nd Edition – All Access, News for College Board Members
  • Students for Fair Admissions, Inc. v. University of North Carolina, What the Federal District Court Said and What It Can Mean for Postsecondary Institutions that Consider Race in Admissions – All Access, News for College Board Members
  • Research and Resources

    American Council on Education (ACE) annual conference SCOTUS session featuring Art Coleman, EducationCounsel
    ​As higher education institutions and their students wait for the U.S. Supreme Court to release its decision on the two race in admissions cases the justices heard Oct. 31, ACE is sharing a transcript of the session held at ACE2023 earlier this month that was aimed at helping campus leaders prepare for the outcome of the cases.

    The Access and Diversity Collaborative’s Action Guide for Higher Education
    The Access and Diversity Collaborative (ADC), of which NACAC is a sponsoring member, has developed an action guide for postsecondary institutions to begin preparing for the Supreme Court’s decision in the Harvard and UNC cases later this year. NACAC will provide additional guidance and educational resources in the months ahead.