Supreme Court Rules Affirmative Action in College Admissions Unconstitutional

Mia Crossen

On Thursday, June 29, the Supreme Court ruled on the Harvard vs. SFFA and UNC vs. SFFA cases, effectively banning affirmative action in college admissions on the basis of race. This decision officially eliminates the ability of colleges to use race as a factor in admissions. 

In the 6-2 Harvard decision and the 6-3 UNC decision, the Court ruled that both affirmative action programs violate the Equal Protection Clause of the 14th Amendment, making them unlawful. This ruling effectively overturns Grutter v. Bollinger, another landmark case in the affirmative action debate from 2003, where the court ruled that race can be a factor in college admissions in the interest of diversity on college campuses. However, Chief Justice John Roberts said that the programs at UNC and Harvard “lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful endpoints.”

In her dissenting opinion, Justice Sonia Sotomayor said of the ruling, “Today, this Court stands in the way and rolls back decades of precedent and momentous progress. It holds that race can no longer be used in a limited way in college admissions to achieve such critical benefits.”

However, the majority and concurring opinions disagreed. In his concurring opinion, Justice Clarence Thomas, the second black justice to serve on the Supreme Court, called the affirmative action programs, “rudderless, race-based preferences designed to ensure a particular racial mix in the entering classes.” He added that both programs “fly in the face of our colorblind Constitution and our nation’s equality ideal.”

While this ruling directly impacts Harvard University and UNC, every college and university will be affected, as they are no longer permitted to use race as a factor in admissions. Many universities have released statements in response to the supreme court ruling, with the University of Michigan and Princeton University expressing their discontentment and doubling down on their efforts to support diversity within the student body. 

Each year, the Supreme Court hears between 100-150 cases, each of which are important in their own way. However, every once in a while, a landmark case is decided and a new precedent is set, affecting a large portion of society. In the wake of the overturning of Roe v. Wade, this Supreme Court has, again, set a precedent of its own, reexamining popular issues of contention with a new perspective.