Post-SFFA v. Harvard & UNC Decision Resources: Admissions and Beyond

​​​​In June 2023, the Supreme Court struck down the use of race in college admissions in the Students for Fair Admissions (SFFA) v. Harvard University and University of North Carolina cases, ending four decades of precedent and altering higher education. The Supreme Court’s decision upended the admissions landscape, impacted a variety of additional policies, and created new challenges for institutions.

Colleges and universities remain steadfast in their commitment to provide inclusive communities for all students. As ACE President Ted Mitchell said, the ruling “may have taken away one arrow in our quiver, but it cannot dictate our institutional missions or prevent us from providing access and equity in the distribution of educational opportunities.”

To assist higher education institutions as they consider their own policies, practices, and initiatives in the wake of the Supreme Court’s decision, this web page houses a variety of external articles, tools, research, analyses, and other materials that may be of interest.

The inclusion of an item here does not indicate ACE’s endorsement. ACE expects to regularly update this website.

New items posted will appear at the top of the list. Last updated on October 16, 2023.



Publication/Organization:
The Washington Post
Resource Type:
Media and Statements, Tools and Case Studies

​College applicants are still writing about race in their applications, and counselors and colleges are encouraging applicants more than ever to explore their racial and ethnic identities and their views on diversity.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Higher Ed Dive
Resource Type:
Media and Statements

​Scrutiny over early decision admissions policies increased following the Supreme Court's ruling, with some advocates calling for an end to the practice. Few institutions are ending their early decision programs for a myriad of reasons.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
The Washington Post
Resource Type:
Media and Statements

​In one of the first lawsuits to test the legality of corporate diversity practices in the wake of the Supreme Court's ruling, a class-action lawsuit claims the newspaper publisher Gannett “discriminated against non-minorities” to achieve diversity goals.

Filter by topic:
Hiring and Staff Wellbeing
Publication/Organization:
Inside Higher Ed
Resource Type:
Media and Statements

​Some institutions, experts, and advocates see reparations through admissions as a permissible approach to increase campus diversity, and Justice Brett Kavanaugh signaled such a policy would technically be a race-neutral factor.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Los Angeles Times
Resource Type:
Media and Statements

​Race-conscious admissions were widely seen to have disadvantaged Asian American students, but many feel that race will still be a hidden factor and that standards are even more opaque than before, reports the Los Angeles Times.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Axios
Resource Type:
Media and Statements

​U.S. companies' diversity, equity and inclusion efforts are losing momentum this year following the Supreme Court's ruling striking down the use of race in admissions.

Filter by topic:
Creating Inclusive Climates/DEI, Hiring and Staff Wellbeing
Publication/Organization:
Colorado College
Resource Type:
Tools and Case Studies

​Colorado College has created a safe-haven initiative for students wanting to leave institutions of higher education in states that have passed anti-DEI laws, offering admitted students full financial aid consideration and will full credit for transferable coursework.

Filter by topic:
Student Recruitment, Creating Inclusive Climates/DEI
Publication/Organization:
Times Union
Resource Type:
Media and Statements, Tools and Case Studies

​At least 42 colleges in New York received complaints alleging programs or scholarships that were only open to women or minorities discriminate on the basis of sex or race, and the Department of Education’s Office for Civil Rights has decided some of these programs and scholarships are in conflict with federal discrimination laws and pushed schools to change their practices.

Filter by topic:
Creating Inclusive Climates/DEI, Financial Aid and Scholarships
Publication/Organization:
Butler University
Resource Type:
Tools and Case Studies

​Butler University is partnering with a national nonprofit to create a new two-year college that will provide an affordable pathway for historically underserved students, offering students the ability to earn an associate’s degree with no debt or out-of-pocket expenses and the opportunity to continue at Butler and earn a bachelor’s degree for less than $10,000.

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
Higher Ed Dive
Resource Type:
Media and Statements, Tools and Case Studies

​The Iowa Board of Regents approved recommendations to eliminate all campuswide diversity, equity and inclusion efforts that are not required for universities to stay compliant with the law or accreditation standards.

Filter by topic:
Creating Inclusive Climates/DEI
Publication/Organization:
CalMatters
Resource Type:
Media and Statements, Tools and Case Studies

​Some California private colleges are increasing their outreach efforts to attract more students and emphasize that the Supreme Court's decision doesn’t change their belief in the importance of diversity.

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
The Brookings Institution
Resource Type:
Research and Evidence

​Brookings found that the impacts of the Supreme Court's decision striking down race-conscience admissions will mostly impact a relatively small number of selective institutions.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Princeton University Press
Resource Type:
Tools and Case Studies

​Princeton University Press published a discussion with four experts on how college environments benefit from racial diversity and how colleges can achieve it.

Filter by topic:
Creating Inclusive Climates/DEI
Publication/Organization:
Inside Higher Ed
Resource Type:
Tools and Case Studies

​Race-based scholarships have played a crucial role in addressing systemic inequalities and are essential for promoting diversity and inclusivity on college campuses, writes Noël Harmon, Asian & Pacific Islander American Scholarship Fund president.

Filter by topic:
Financial Aid and Scholarships
Publication/Organization:
New York State Bar Association
Resource Type:
Tools and Case Studies

​The New York State Bar Association said in a report that institutions that want to achieve diversity should eliminate the preferential treatment in admissions given to athletes, the children of alumni and the family of donors.

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
The Washington Post
Resource Type:
Media and Statements, Tools and Case Studies

​With direct admissions policies on the rise, 70 colleges and universities used the Common Application to offer admissions to more than 200,000 students--even if they did not apply--targeting those who would be first-generation college students or come from families with significant financial need.

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
The Wall Street Journal
Resource Type:
Media and Statements

​A bipartisan bill called the MERIT Act introduced in the Senate in November would add a new standard for accreditation under the Higher Education Act that would prohibit institutions from giving preferential treatment during the admissions process based on an applicant’s relationship to alumni or donors.

Filter by topic:
Legacy Admissions
Publication/Organization:
Inside Higher Ed
Resource Type:
Media and Statements

​Preliminary data from the Common App show a 41 percent increase from the 2019–20 application cycle in applications submitted before Nov. 1, sparked by a big upswing in minority applicants.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Legal Defense Fund
Resource Type:
Research and Evidence

​The Legal Defense Fund and several other organizations released a report that offers a legal history of race-conscience admissions in higher education, analyzes the Supreme Court’s decision in the SFFA cases, discusses the racial justice consequences, and provides recommendations.

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
Higher Ed Dive
Resource Type:
Media and Statements

Higher Ed Dive looks at the various ways data on legacy admissions is reported, which can complicate research efforts and understandings of the practice.

Filter by topic:
Legacy Admissions
Publication/Organization:
Dallas Morning News
Resource Type:
Media and Statements, Tools and Case Studies

​After the Supreme Court struck down the use of race in admissions, schools in North Texas are exploring alternative ways to ensure diverse students have access.

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
The Education Trust
Resource Type:
Tools and Case Studies

​The Education Trust writes that "banning the box" is one way for institutions to open their doors to those facing barriers to college access due to a history with the legal system.

Filter by topic:
Student Recruitment
Publication/Organization:
Lawfare
Resource Type:
Media and Statements

Lawfare writes that the government has some room to make the case for why the use of race considerations for admissions at the military academies should be considered different by the courts, yet whether it can successfully explain why is the question.

Filter by topic:
Other
Publication/Organization:
Higher Ed Dive
Resource Type:
Media and Statements

​Two attorneys from Duane Morris describe in an op-ed another case pending before the Supreme Court that may further restrict what employers lawfully can do to increase diversity.

Filter by topic:
Hiring and Staff Wellbeing
Publication/Organization:
Virginia Mercury
Resource Type:
Media and Statements

​At least six universities in Virginia have begun offering guaranteed admissions to address declining enrollment numbers and help bolster populations of underrepresented students.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Office of the Attorney General; Governor Maura Healey and Lt. Governor Kim Driscoll
Resource Type:
Tools and Case Studies

​Led by Gov. Maura Healey, Massachusetts issued guidance to support the Commonwealth’s institutions, focusing primarily on admissions and access in higher education, while also including steps K-12 schools can take to set students up for success.

Filter by topic:
Student Recruitment
Publication/Organization:
Associated Press
Resource Type:
Media and Statements

​A Republican-backed bill would require University of Wisconsin schools and technical colleges to only weigh financial need and not race, ethnicity, nationality, gender, sexual orientation or religion when awarding grants and loans or creating enrollment and retention plans.

Filter by topic:
Financial Aid and Scholarships
Publication/Organization:
Education Reform Now
Resource Type:
Research and Evidence

In its second issue brief on admissions, Education Reform Now explores the orgins and impacts of legacy admissions.
Filter by topic:
Legacy Admissions
Publication/Organization:
Education Reform Now
Resource Type:
Research and Evidence

Education Reform Now's analysis of early decision reveals that it makes college admissions less fair and closes off opportunities to underrepresented students at highly selective colleges.
Filter by topic:
Student Recruitment
Publication/Organization:
The Chronicle of Higher Education
Resource Type:
Media and Statements

The Chronicle of Higher Education analyzes colleges’ supplementary essay prompts to see how they might have changed in the wake of the U.S. Supreme Court’s decision on race-conscious admissions.

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
National Association of College and University Attorneys
Resource Type:
Legal Resources

This NACUANOTE summarizes the majority opinion, three concurrences, and two dissents. It then discusses the potential implications for higher education, not only in the context of admissions but also with respect to financial aid and outreach and recruitment programs.​

Filter by topic:
Student Recruitment, Admissions and Enrollment
Publication/Organization:
Inside Higher Ed
Resource Type:
Media and Statements

​A new survey from Inside Higher Ed found that most college and university presidents disagree with the Supreme Court's decision on race-conscious admissions and think it will reduce diversity in higher education.

Filter by topic:
Creating Inclusive Climates/DEI
Publication/Organization:
Cornell University
Resource Type:
Tools and Case Studies

​Cornell's Presidential Task Force on Undergraduate Admissions issued its final report in September 2023 outlining a cooperative, flexible and analytical approach to admissions.

Filter by topic:
Student Recruitment
Publication/Organization:
Higher Ed Dive
Resource Type:
Media and Statements

​At Cornell University, an internal task force issued a 40-page report with recommendations for how the university could alter its admissions work to help diversify its undergraduate population.

Filter by topic:
Student Recruitment
Publication/Organization:
Inside Higher Ed
Resource Type:
Media and Statements

​There are now 10 states with system-level direct admissions policies, and some experts say that number is likely to multiply in the coming year.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Higher Ed Dive
Resource Type:
Media and Statements

​Arkansas lawmakers questioned representatives from six public colleges and schools on their diversity, equity and inclusion policies and practices during a subcommittee meeting.

Filter by topic:
Creating Inclusive Climates/DEI
Publication/Organization:
The New York Times
Resource Type:
Media and Statements

The New York Times reports on how Census categories for race and ethnicity have changed over the last 230 years.

Filter by topic:
Other
Publication/Organization:
CNN
Resource Type:
Media and Statements

​Students for Fair Admissions sued the U.S. Naval Academy, saying the academy “has no justification for using race-based admissions.”

Filter by topic:
Other
Publication/Organization:
Reuters
Resource Type:
Media and Statements

​Students for Fair Admissions sued the U.S. Military Academy at West Point, saying the school's race-conscious admissions practices unconstitutionally discriminate against white applicants.

Filter by topic:
Other
Resource Title:
Publication/Organization:
Princeton Alumni Weekly
Resource Type:
Tools and Case Studies

The Princeton Weekly takes a close look at how Princeton is responding to the SCOTUS decision and how the ruling could impact the university.

Filter by topic:
Student Recruitment
Publication/Organization:
Reuters
Resource Type:
Media and Statements

​A group founded by Edward Blum, who led the successful Supreme Court challenge to race-conscious college admissions policies, said it was considering legal action against three law firms' diversity fellowship programs.

Filter by topic:
Other
Publication/Organization:
Urban Institute
Resource Type:
Tools and Case Studies

​This report identifies key themes from the relevant research on the recruitment and admissions practices that will play a significant role in the future of college student diversity. Additionally, this report highlights areas for more research and the data needed to support additional areas of future research.

Filter by topic:
Creating Inclusive Climates/DEI
Publication/Organization:
Diversity Abroad
Resource Type:
Tools and Case Studies

​For the international education sector, the direct impact of eliminating race-in-admissions policies may not seem clear. However, such a ban can affect education abroad, international student recruitment, and efforts to recruit and retain racially diverse staff and faculty to support international education.

Filter by topic:
Student Recruitment
Publication/Organization:
Texas Tribune
Resource Type:
Tools and Case Studies

​Now that the U.S. Supreme Court has ruled the practice unconstitutional, admissions experts say other states could look to Texas’s Top 10 Percent Plan as a way to diversify their student bodies.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Texas Tribune
Resource Type:
Tools and Case Studies

​It's hard to know exactly how the Top 10 Percent Rule has impacted diversity at UT-Austin, but data suggests it does boost the school's Hispanic population.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
University of South Carolina
Resource Type:
Tools and Case Studies

​All South Carolina students who are ranked in the top 10 percent of their high school graduating class will be guaranteed admission to the University of South Carolina’s Columbia campus starting with the Fall 2024 application cycle.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Educational Evaluation and Policy Analysis
Resource Type:
Research and Evidence

​The researchers found that the elimination of affirmative action has led to persistent declines in the share of underrepresented minorities among students admitted to and enrolling in public flagship universities in these states.

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Urban Institute
Resource Type:
Research and Evidence

​Research on schools in states that have race-based admissions suggests no other single admissions policy will produce current levels of racial and ethnic diversity on its own. What admissions policies have been enacted in states where affirmative action has already been banned? And what effect have those policies had on student racial diversity?

Filter by topic:
Admissions and Enrollment
Publication/Organization:
Nature
Resource Type:
Media and Statements

Researchers talk to Nature about how halting race-conscious admissions will affect STEM employment, university applications, and more.

Filter by topic:
Creating Inclusive Climates/DEI
Publication/Organization:
The Wall Street Journal
Resource Type:
Media and Statements

​Chief diversity officers are falling behind in the hiring job market. Some chief diversity officers stated that their jobs are facing further challenges after the Supreme Court ended affirmative action. This falling demand adds further doubt to the future of the DEI landscape.

Filter by topic:
Creating Inclusive Climates/DEI