All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it would mean for their admissions programs, many others were watching to see what impact the decision would have on diversity, equity, and inclusion (DEI) more broadly. Ultimately, the Supreme Court held that race-conscious admissions policies fail strict scrutiny and thus violate the Equal Protection Clause and Title VI of the Civil Rights Act. While the opinion was limited to higher education, the Court’s analysis has emboldened legal advocacy groups to challenge race-conscious decision-making in other contexts, including corporate DEI programs.
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