Students for Fair Admissions, Inc. v. President and Fellows of Harvard College


(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 20–1199. Argued October 31, 2022—Decided June 29, 2023* Harvard College and the University of North Carolina (UNC) are two of the oldest institutions of higher learning in the United States. Every year, tens of thousands of students apply to each school; many fewer are admitted. Both Harvard and UNC employ a highly selective ad- missions process to make their decisions. Admission to each school can depend on a student’s grades, recommendation letters, or extracurric- ular involvement. It can also depend on their race. The question pre- sented is whether the admissions systems used by Harvard College and UNC are lawful under the Equal Protection Clause of the Four- teenth Amendment. At Harvard, each application for admission is initially screened by a “first reader,” who assigns a numerical score in each of six categories: academic, extracurricular, athletic, school support, personal, and over- all. For the “overall” category—a composite of the five other ratings— a first reader can and does consider the applicant’s race. Harvard’s admissions subcommittees then review all applications from a partic- ular geographic area. These regional subcommittees make recommen- dations to the full admissions committee, and they take an applicant’s race into account. When the 40-member full admissions committee begins its deliberations, it discusses the relative breakdown of appli- cants by race. The goal of the process, according to Harvard’s director of admissions, is ensuring there is no “dramatic drop-off” in minority admissions from the prior class. An applicant receiving a majority of —————— * Together with No. 21–707, Students for Fair Admissions, Inc. v. Uni- versity of North Carolina et al., on certiorari before judgment to the United States Court of Appeals for the Fourth Circuit. 2 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE Syllabus the full committee’s votes is tentatively accepted for admission. At the end of this process, the racial composition of the tentative applicant pool is disclosed to the committee. The last stage of Harvard’s admis- sions process, called the “lop,” winnows the list of tentatively admitted students to arrive at the final class. Applicants that Harvard consid- ers cutting at this stage are placed on the “lop list,” which contains only four pieces of information: legacy status, recruited athlete status, financial aid eligibility, and race. In the Harvard admissions process, “race is a determinative tip for” a significant percentage “of all admit- ted …

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