Statement on US Supreme Court decisions on affirmative action

On June 29, 2023, the Supreme Court issued a consolidated opinion for SFFA v. Harvard and SFFA v. UNC. In a 6-3 ruling, the Court held that Harvard’s and UNC’s consideration of race in their admissions programs violated the Equal Protection Clause of the Constitution and Title VI of the Civil Rights Act. The Court did, however, recognize diversity as a “commendable goal” and emphasized that “nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.” While the Supreme Court did not explicitly overrule key precedents in this area of law, including the Bakke and Grutter decisions, the ruling will make it very difficult for educational institutions to continue to engage in race-conscious practices when deciding whom to admit.

• Despite the Court’s ruling, Mellon remains committed to multivocality in all forms and continues to advance its mission within the limits of the law: to build and support creative- and critical-thinking communities, always with an orientation toward justice and equity. The Foundation will continue to advance this work through its grantmaking and other programming.
• We believe there remain many viable approaches to advancing diversity across many dimensions within higher education and beyond.
• While this decision is a disappointment and a setback, it is important to understand the scope of the decision. The decision does not directly implicate DEI (diversity, equity, and inclusion) initiatives or the use of race-neutral measures to advance diversity. Employment practices are generally governed by a different body of law, and these cases do not change what is already lawful or unlawful under that law. However, it is likely that challenges in these areas will intensify.

• If you think or know your grant is affected by the Court’s ruling, you should first reach out to your organization’s attorney for advice. If you do not have an attorney, or after consulting with your attorney would like to discuss your Mellon grant, please reach out to your program officer to request a meeting.
• If you would like to request a modification to your active grant, please reach out to your program officer to discuss.

If your organization has access to an attorney, please consult with your attorney and alert them to the complaint. Please also reach out to your program officer to request a meeting.

Please reach out to your program officer to request a meeting. Mellon is mindful of avoiding overcorrection in the face of the Court’s decision.