Current Supreme Court Position on Affirmative Action

Short answer: as of mid-2024, the Supreme Court has made clear that race-conscious college admissions programs are no longer permissible. The high court's decisions over the last few years most notably Students for Fair Admissions v. Harvard and v. University of North Carolina (decided in 2023) significantly narrowed the legal space for using race as a factor in higher education admissions.

What the Court decided

In the 2023 rulings, the Supreme Court concluded that using race as a factor in undergraduate admissions violates the Equal Protection Clause (for public institutions) and Title VI of the Civil Rights Act (for institutions receiving federal funds). Put simply, the Court said colleges and universities cannot give applicants an advantage or take race into account in the way they had for decades when pursuing racial diversity.

What this means in practice

• Colleges can no longer use race as an explicit admissions factor. Any admission policy that considers race to benefit applicants is now on shaky legal ground.
• Institutions are shifting to race-neutral strategies to pursue diversity, such as placing more weight on socioeconomic status, first-generation status, geographic diversity, or measures of life adversity.
• Legacy admissions, donor considerations, and other non-race-based factors continue to be used by many schools, though these remain controversial.
• Race-specific scholarships and programs can be legally complicated. Programs tied to federal funds or public institutions face more legal risk; some private programs may continue but should be reviewed for compliance with applicable law.
• States with existing bans on affirmative action (for example, California, Michigan, Washington) continue to enforce those bans; others adopted new restrictions after the Supreme Court decisions. The landscape varies by state.

Ongoing issues and litigation

The Supreme Court's 2023 rulings resolved the central question for many higher education practices, but they did not end disputes about what counts as an acceptable, race-neutral alternative. Expect continued litigation and policy changes as schools and governments test and refine approaches to achieve diverse campuses without using race as a criterion.

What institutions and applicants should do

• Applicants: know that schools are revising their processes. Focus on presenting a strong application through academic record, essays, activities, and explanations of personal circumstances.
• Colleges: review admissions policies with legal counsel, strengthen race-neutral outreach and support programs, and document how diversity goals are pursued without relying on race.
• Policy makers and advocates: consider class-based and socioeconomic measures, targeted outreach to underserved schools and communities, and investments in K-12 preparation to broaden access in ways that align with current legal standards.

Bottom line

The Supreme Court has largely ended the practice of considering race as a factor in college admissions. That does not mean diversity is off the table it means institutions must pursue it through race-neutral tools and programs. The rules are still being worked out in courts and campuses across the country, so institutions, students, and advocates should stay informed about developments in their states and institutions.

If you want the latest case law or a take on how a specific program or scholarship might be affected, check the full text of the Court opinions and consult an attorney who follows education law.