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Watchdog group cautions universities about potential lawsuits for non-compliance with Supreme Court affirmative action rulings.

The Supreme Court’s Landmark Decision on Affirmative Action

In a historic ruling, the Supreme Court has declared the use of affirmative action in higher education admissions to be unconstitutional. This decision, made on June 29, stems from two separate cases against Harvard College and the University of North Carolina. The court’s conservative majority, with a 6-2 vote in the Harvard case and a 6-3 vote in the UNC case, deemed the universities’ use of race in admissions as a violation of the Equal Protection clause of the 14th Amendment.

“Employing racially and ethnically discriminatory policies and procedures in administering the undergraduate admissions program,” the lawsuits charged.


Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington on Oct. 7, 2022. (Front L–R) Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justices Samuel Alito and Justice Elena Kagan. (Back L–R) Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. (Olivier Douliery/AFP via Getty Images)

Conservative Group Takes Action

While the court’s decision marks a significant shift, the matter is far from settled. America First Legal (AFL), a conservative advocacy group, is determined to ensure the law is enforced. Led by Stephen Miller, former senior advisor to President Donald Trump, AFL has sent letters to the deans of 200 law schools across the nation, demanding compliance with the new ruling or face legal consequences.

“You must immediately announce the termination of all forms of race, national origin, and sex preferences in student admissions, faculty hiring, and law review membership or article selection,” wrote Mr. Miller.

Miller warns against attempts to circumvent the ruling, emphasizing that any discriminatory practices will be met with legal repercussions. Harvard, in particular, is singled out and held accountable for its actions.


U.S. Supreme Court building in Washington on June 7, 2023. (Madalina Vasiliu/The Epoch Times)

The 2003 Supreme Court Case

Edward Blum, president of Students for Fair Admissions, has been fighting against affirmative action for two decades. His inspiration came from the 2003 Supreme Court case, Grutter v. Bollinger, which upheld the legality of “race-conscious admissions” at the University of Michigan Law School. Following the recent Supreme Court decision, Blum expressed his joy, seeing it as a step towards a colorblind society.

University Responses

Harvard University’s president, Lawrence Bacow, along with other university leaders, issued a joint public letter in response to the Supreme Court ruling. Their stance on the matter remains to be seen.



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