SFFA Case Summary and Ruling

On June 29, 2023, the U.S. Supreme Court issued its ruling on two cases involving the use of race-conscious admissions practices by colleges and universities: Students for Fair Admissions (SFFA) v. Harvard and SFFA v. University of North Carolina (UNC).  

The majority opinion held that the race-conscious admissions programs implemented by Harvard and UNC violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 and therefore constitute unconstitutional discrimination on the basis of race. 

The Council is working to understand how the decision’s reverberations may extend to philanthropy and to our nonprofit partners. To better support our members and the broader charitable sector, our legal team is developing FAQs and other materials to answer your questions about the potential consequences for your organizations, your nonprofit partners, and your communities. Additionally, we are sharing a range of resources from our members, partners, and other stakeholders discussing what this decision may mean for the work of foundations and nonprofits, as well as potential paths forward.   

Since the Supreme Court's decision, there have been subsequent lawsuits and other activity. The Council's legal team is closely following these developments and how they could impact our members and the sector.  We will continue to provide updated resources and information that reflects our current legal analysis.




Connect with Council Staff
Share on FacebookShare on TwitterShare on LinkedInShare on all
Working with Government