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Opinion of the Bar Committee One year after the U.S. Supreme Court limited consideration of race in college admissions

WASHINGTON—29 Juneth It has been a year since the US Supreme Court issued a decision In SFFA vs. Harvard/UNC-Chapel Hill Undermining the consideration of race in college admissions. The Lawyers’ Committee has litigated both cases from the beginning, arguing the UNC case before the Supreme Court on behalf of the intervening students and the Harvard case in the First Circuit on behalf of the student friends.

Below is a statement from Damon T. HewittPresident and Executive Director of the Lawyers’ Committee for Civil Rights Under Law:

“One year ago, the U.S. Supreme Court made a decision that not only overturned five decades of precedent by restricting race-conscious admissions, but also undermined the true meaning of the Equal Protection Clause and the promise of Brown v. Board of Education. The tragic verdict was the result of a very long campaign by villains intent on undermining civil rights and opportunity on campuses and elsewhere. Make no mistake. The verdict was a blow to racial justice, progress and equality. Countervailing forces are working to further undermine civil rights and even extend the verdict to other contexts.

But our quest for a truly thriving multiracial democracy demands that we not let up. At the Lawyers’ Committee, our resolve to fight for equal opportunity is stronger than ever. We are redoubling our efforts to ensure that every child in America has the chance to reach their potential and achieve their dreams.

Since June 29 of last year, we have been working with partners across the country to increase pressure to ensure that institutions of higher education embrace and implement the many legal tools to fully promote diversity and opportunity on their campuses. As the courts seek to reshape the law, we must lead the effort to reimagine higher education.

We have encouraged schools to stand up to the bullies who want them to back down on their commitment to promoting diversity and opportunity. We have provided guidance on the many efforts that courts continue to allow. Whether it is reevaluating and implementing other inclusive admissions programs such as percentage plans or income-based admissions, offering scholarships that appeal to frequently excluded students, or redesigning recruitment efforts, there are several legal options to ensure that highly qualified Black students and other historically marginalized students of color are welcomed and supported.

Most importantly, colleges should ensure that students can continue to talk about their race and its impact on their lives in their essays. The Supreme Court wrote, “Nothing in this opinion should be construed to prohibit universities from considering an applicant’s discussion of how race has influenced his or her life, whether through discrimination, inspiration, or otherwise.” Talking about our identities and experiences is a form of self-determination and a critical part of a full understanding of the individual.”

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The Lawyers’ Committee published today Principles for Racial Equity in Higher Education which provides guidance for colleges and universities.

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