Statement on US Supreme Court decisions on affirmative action

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Higher Learning grantmaking area Press Room 
AuthorMellon Foundation
DateJune 29, 2023
Mellon M logo in gray concrete

Today’s distressing decision by the US Supreme Court upends more than forty years of precedent regarding affirmative action and is a profound blow to institutions of higher education and students across the nation. The Court’s decision, despite our nation’s ongoing struggles with racial injustice and inequality, shows a deep disconnect from the prejudicial reality that many experience, and have experienced, in the sphere of higher education and beyond.

This disappointing ruling further tilts access to colleges and universities toward those who already claim many social, economic, and educational advantages. It has, for years, been broadly understood that racial diversity benefits all students and accelerates higher education’s fundamental mission to foster inquiry and expand understanding. Today’s decision will result in the incalculable loss of a vibrant student body that truly reflects the dynamism of our nation.

Despite today’s ruling, the Mellon Foundation recommits to multivocality in all forms, and continues to advance its mission: to build and support creative and critical-thinking communities, always with an orientation toward justice and equity.

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Frequently asked questions

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.

Mellon is formulating a strategy for how best to support our grantees who are facing direct challenges to their important work. If your work is facing a direct challenge and you are in need of support, please reach out to your program officer.

  • Mellon has been preparing for the Court’s decisions for some time. The Foundation has convened experts from the fields of education and law to help the Foundation think about long-term strategies as well as its short-term response to the Court’s decisions. The Foundation is also in conversation with allied funders.
  • The Foundation released a public statement, which is now on our website. The Foundation also partnered with other funders to create a joint statement by philanthropic organizations that has been signed by over 140 organizations.
  • If you have specific requests or ideas, please reach out to your program officer to discuss. Mellon understands that these decisions and the current climate are a source of stress and concern for our grantees, and we aim to be nimble and sensitive in providing support.
  • This page may be updated occasionally, so please check back periodically. If you are a current Mellon grantee, your program officer is always open to discussing your grant—you should feel free to reach out to schedule a meeting as needed.
  • Additionally, if you are not already on Mellon’s email list, please sign up here. This is the best way to learn about Foundation news and programming.
  • 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.
  • The Court’s decision does not directly affect these state laws, although the majority decision recognizes the value of diversity and allowing students to express their full identities during the college application process.

The Foundation is working on revising MMUF to better reflect evolving Foundation strategies.