Sector reacts to Supreme Court decision regarding affirmative action

A view from outside the U.S. Supreme Court

The U.S. Supreme Court’s recent decisions (237 pages, PDF) regarding the constitutionality of race-conscious admissions programs at the University of North Carolina (and a 6-2 decision in the case involving Harvard University, for which Justice Ketanji Brown Jackson recused herself) have sparked widespread response from foundations and nonprofit organizations across the country.

A coalition of 45 philanthropic organizations and funders including the Robert Wood Johnson and Rockefeller foundations responded by stating that the decision “impedes colleges and universities from selecting their own student bodies and fully addressing systemic racial inequalities that persist. The ruling threatens to return this nation to a time when education and opportunity were reserved for a privileged class. It endangers 60 years of multiracial movements to challenge our nation to live up to the ideals enshrined in our founding documents. The decision erects new barriers to building a society in which everyone has the opportunity to improve their lives, communities, health, and education.”

Many other philanthropic funders issued separate statements in support of diversity and inclusion in higher education institutions, including Omidyar Network; the Surdna, Ford, W.K. Kellogg, and Open Society foundations; and the Chicago Community Trust. In addition, the Council on Foundations (COF), reflecting the diversity of its membership, issued a statement addressing the organization’s disappointment in the decision and its commitment to helping members that are working toward diversity.

Education-focused organizations also expressed disappointment in the decisions and noted the challenges that face colleges and universities going forward. Michael L. Lomax, president and CEO of the United Negro College Fund, said, “With this new ruling, UNCF knows that more students will turn to [historically Black colleges and universities (HBCUs)] for their college educations. We also know that our HBCUs will do everything they can to meet increased student demand.” And the American Council on Education called the court’s opinions “misguided.” ACE president Ted Mitchell added, “We will not allow this decision to move our country backward. Instead, colleges and universities will redouble efforts to pursue our missions, which absolutely requires maintaining equitable and diverse campuses.”

Numerous nonprofit organizations also expressed their disappointment, including the NAACP and its Legal Defense Fund, the American Constitution Society, Latino Justice, Asian Americans Advancing Justice, Chinese for Affirmative Action, the Japanese American National Museum, and the four organizations that make up the National Native Scholarship Providers.

Groups with conservative leanings, however, applauded the decision. Christie Herrera, interim president and CEO of the Philanthropy Roundtable, said, “[I]n our society today, the practice of systemically discriminating against some students in higher education to advance others based on their race or ethnicity does not advance the goal of creating a just society, and it is not an effective way to provide opportunity for those in need. The Roundtable hopes today’s U.S. Supreme Court decision will be a catalyst for more innovative ideas and concrete resources that provide meaningful support to help people realize their full, unique potential, whether in or out of the classroom.”

(Photo credit: Getty Images/Douglas Rissing)

"Philanthropic joint statement in response to the supreme court’s decision in ‘students for fair admissions’ cases." Robert Wood Johnson Foundation press release 06/29/2023. "WKKF Statement on Affirmative Action Ruling." W.K. Kellogg Foundation press release 06/29/2023. "NAACP condemns SCOTUS ruling on affirmative action." NAACP press release 06/29/2023. "Statement by ACE President Ted Mitchell on the Supreme Court’s race in admissions ruling." American Council on Education press release 06/29/2023. "UNCF statement on Supreme Court ruling on affirmative action." UNCF press release 06/29/2023. "National Native Scholarship Providers’ statement on affirmative action: Concerns for continued Native Student access to higher education and programs." National Native Scholarship Providers press release 06/29/2023. "UC statement on SCOTUS decision regarding the use of race in college admissions." University of California press release 06/29/2023. "In an alarming departure from long-settled precedent, U.S. Supreme Court holds Harvard and UNC’s admissions practices unconstitutional." NAACP Legal Defense Fund press release 06/29/2023. Darren Walker. "Repeal of affirmative action is only the beginning." New York Times 06/30/2023. "JANM decries Supreme Court’s decision to strike down affirmative action." Japanese American National Museum press release 06/29/2023. "STATEMENT: Supreme Court strikes down race-conscious admissions programs." Omidyar Network press release 06/29/2023. "U.S. Supreme Court rulings deal blow to racial equity." Open Society Foundations press release 06/29/2023. "Surdna’s unwavering commitment to advancing racial justice in America’s communities ." Surdna Foundation press release 06/29/2023. "Statement on Supreme Court ruling limiting race-conscious admissions." Council on Foundations press release 06/29/2023. "Our commitment to equity." Chicago Community Trust press release 06/29/2023. "Roundtable Responds: U.S. Supreme Court ends race-based affirmative action in higher education." Philanthropy Roundtable press release 06/29/2023. "ACS statement in response to SCOTUS decisions banning affirmative action." American Constitution Society press release 06/29/2023. "LatinoJustice disheartened by ‘disingenuous and mistaken’ Supreme Court decision on affirmative action." LatinoJustice press release 06/29/2023.