The Supreme Court Ends Racial Discrimination

In Students for Fair Admissions, Inc., decided on June 29, the Supreme Court, combining two cases, found the race-based admission practices of both Harvard and the University of North Carolina to be unconstitutional violations of the Equal Protection Clause of the Fourteenth Amendment. These are not cases of racial quotas, setasides, or proportional enrollments. Instead, at both universities, race has been an open and institutionalized factor in all contemporaneous admissions decisions regarding every applicant. Equality cannot not have two contradictory meanings Quoting Brown I that public education “must be available...