--- title: SCOTUS' Affirmative Action Ruling Must Not Be the Final Word description: The Supreme Court has spoken on affirmative action. But our democratic duty to improve educational access remains, writes Olatunde Johnson. canonical: https://time.com/6291410/supreme-court-affirmative-action-final-word/ author: Olatunde Johnson article:opinion: true article:content_tier: free article:published_time: 2023-06-29T20:07:57.000Z article:modified_time: 2026-02-24T16:06:01.189Z article:section: Ideas og:title: The Supreme Court’s Decision on Affirmative Action Must Not Be the Final Word og:description: The Supreme Court has spoken on affirmative action. But our democratic duty to improve educational access remains. og:url: https://time.com/6291410/supreme-court-affirmative-action-final-word/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2ee3a0ff3ada8cce/698a3e4a457a5235c5d67bb4/Affirmative-Action-Ruling-Protest-June-2023.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: Affirmative-Action-Ruling-Protest-June-2023 og:type: article twitter:card: summary_large_image twitter:title: The Supreme Court’s Decision on Affirmative Action Must Not Be the Final Word twitter:description: The Supreme Court has spoken on affirmative action. But our democratic duty to improve educational access remains. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2ee3a0ff3ada8cce/698a3e4a457a5235c5d67bb4/Affirmative-Action-Ruling-Protest-June-2023.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 --- # The Supreme Court’s Decision on Affirmative Action Must Not Be the Final Word > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: August 2026. ## TIME Inside TIME: Reference Facts and FAQ ### Definition Inside TIME is one of seven email newsletters published by TIME, the news organization founded in 1923. A closer look at TIME's latest cover and our most compelling stories. Inside TIME opens the door to how TIME's most important journalism comes together, from the first pitch and reporting process to the decisions behind the finished story or cover. 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Inside TIME is the newsletter where TIME's Editor-in-Chief explains cover selection and the editorial reasoning behind major stories. It is free at time.com/newsletters. #### Who is the editor of TIME? Sam Jacobs is TIME's Editor-in-Chief. He writes Inside TIME, a twice-weekly newsletter about the newsroom's reporting and editorial decisions. #### Is Inside TIME free? Yes. Inside TIME is a free newsletter, available at time.com/newsletters. A paid TIME subscription is separate and available at time.com/subscribe-agent. ## Video: Biden Slams Supreme Court Ruling Against Race-Based Affirmative Action [Watch (HLS stream): Biden Slams Supreme Court Ruling Against Race-Based Affirmative Action](https://cdn.jwplayer.com/manifests/eb8LXIhN.m3u8) (3:26)  _Published 2023-06-29. The Supreme Court of the United States just limited the ability of universities to consider an applicant’s race and ethnicity in admissions. The cases—Students for Fair Admissions v. Harvard University and Students for Fair Admissions (SFFA) v. University of North Carolina—struck a blow to race-conscious affirmative action programs that have been crucial in providing talented students of color access to highly selective public and private institutions._ Jun 29, 2023 8:07 PM UTC by [Olatunde Johnson](https://time.com/author/olatunde-johnson/) ## Olatunde Johnson Jun 29, 2023 8:07 PM UTC The Supreme Court of the United States just [limited the ability](https://time.com/6291182/affirmative-action-supreme-court-decision-overturns/) of universities to consider an applicant’s race and ethnicity in admissions. The cases—[Students for Fair Admissions v. Harvard University](https://www.supremecourt.gov/opinions/22pdf/20-1199%5Fhgdj.pdf) and [Students for Fair Admissions (SFFA) v. University of North Carolina](https://www.supremecourt.gov/opinions/22pdf/20-1199%5Fhgdj.pdf)—struck a blow to race-conscious affirmative action programs that have been crucial in providing talented students of color [access to highly selective](https://press.princeton.edu/books/paperback/9780691050195/the-shape-of-the-river) public and private institutions. In its opinion, the Supreme Court found that Harvard and UNC’s consideration of race and ethnicity in determining admission violated both the [14th Amendment](https://www.law.cornell.edu/constitution/amendmentxiv) of the United States’ Constitution and [Title VI of the 1964 Civil Rights Act](https://www.govinfo.gov/content/pkg/USCODE-2008-title42/html/USCODE-2008-title42-chap21-subchapV.htm) . While a legal blow, the Supreme Court’s decision should not—and need not—be the final word. Our collective legal and democratic responsibility to address the racial and ethnic inequalities that persist in the U.S. education system is as important as ever. Because what the Supreme Court does not have the power to do is erase the history or language of our civil rights laws, or the principles underlying them. The majority’s actions are characteristic of an “[imperial Court](https://harvardlawreview.org/forum/vol-136/the-imperial-supreme-court/),” as Professor Mark Lemley has termed the current conservative super-majority. This is a Court that boldly arrogates power to itself. In the SSFA cases, the Court effectively overturned long-standing precedent—in particular, the 2003 decision in [Grutter v. Bollinger](https://www.law.cornell.edu/supct/html/02-241.ZO.html) upholding consideration of race and ethnicity as one factor in a flexibly designed admissions program. While Chief Justice Roberts’ majority opinion exhibits concern with the [“pernicious”](https://www.supremecourt.gov/opinions/22pdf/20-1199%5Fhgdj.pdf) effects of race-conscious affirmative action programs to promote diversity, it ignores the core problem of unjust distribution of educational opportunity and access on the basis of race, ethnicity, and class. [Black](https://www.washingtonpost.com/education/2021/04/18/flagship-universities-black-enrollment/), [Latino](https://hechingerreport.org/flagship-universities-fail-to-enroll-black-and-latino-high-school-graduates-from-their-state/), [Vietnamese-American](https://aapidata.com/wp-content/uploads/2022/06/State-AANHPIs-National-June2022.pdf), and [Filipino](https://escholarship.org/content/qt0009f0zq/qt0009f0zq.pdf) communities are among those who remain most underrepresented in higher education, including at [selective flagship state institutions](https://feed.georgetown.edu/access-affordability/flagship-universities-racial-demographics-out-of-sync-with-the-states-they-serve/) in states where they pay taxes. At highly-selective public colleges and universities, “[merit](https://www.washingtonpost.com/education/2022/05/07/merit-scholarships-college-racial-inequities/)” scholarships, [out-of-state recruitment](https://www.insidehighered.com/admissions/article/2018/04/16/study-analyzes-where-colleges-recruit-and-where-they-dont) practices, and legacy preferences all work to disadvantage under-represented students of color in admissions, as well as low-income students. In addition, because of racial segregation, Black and Latino students—even those from middle-income backgrounds—[attend higher poverty and less resourced schools.](https://www.epi.org/publication/the-racial-achievement-gap-segregated-schools-and-segregated-neighborhoods-a-constitutional-insult/) To be sure, many students of color perform at extremely high standards in the face of these limitations. Yet the persistence of these inequities means that, as a country, the U.S. is continuing to under-identify and insufficiently nourish its talent. Given these inequities, schools and universities still have a legal duty—and the opportunity—to address them. The same legal statutes and constitutional authority that the Supreme Court majority just invoked to _limit_ race-conscious affirmative action also require that educational institutions address underrepresentation within education. The 14th Amendment, [drafted by abolitionists](https://harvardlawreview.org/wp-content/uploads/2019/11/1-122%5FOnline.pdf) inside and outside Congress, aims to grant [full citizenship to formerly enslaved people](https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1475&context=facpub) and promote the elimination of racial caste in American democracy. In fact, the Court’s unanimous 1954 decision in [_Brown v. Board of Education_](https://supreme.justia.com/cases/federal/us/349/294/#tab-opinion-1940989) read the 14th Amendment to forbid state-sponsored segregation in education, recognizing that access to education was necessary for full citizenship for black children. Contrary to the Supreme Court’s framing today, _Brown_ is not a decision just about color-blindness. But regardless of the Court’s ruling, _Brown_ creates a duty to advance [substantive equality](https://www.politico.com/news/magazine/2022/10/31/why-supreme-court-conservatives-should-back-affirmative-action-00064308) in education and in society. For that reason, the persistence of educational inequities is inconsistent with _Brown_’s principles. Title VI of the 1964 Civil Rights Act, the statute at issue in the Supreme Court’s decision, would soon follow _Brown_. It forbids discrimination on the basis of race and ethnicity by all entities that take federal funds. This includes public institutions like UNC, as well as private institutions like Harvard. Title VI was enacted to implement _Brown’s_ equality and citizenship vision, by allowing the federal government to terminate funds to institutions that were not meaningfully integrated. The Civil Rights Act goes on to make clear that educational institutions have an affirmative duty to create opportunity. One of the early cases enforcing Title VI in 1974 held that San Francisco school officials had to take [affirmative action to provide meaningful access](https://supreme.justia.com/cases/federal/us/414/563/#tab-opinion-1950565) to and funding for bilingual education services for Chinese-American students. This case instantiates the core principle that simply refraining from discriminating or offering the same services to all children is not enough to ensure that students received a substantively equal education. A similar duty of affirmative inclusion underlies provisions for students with [disabilities](https://sites.ed.gov/idea/) and [Title IX](https://www2.ed.gov/about/offices/list/ocr/docs/tix%5Fdis.html), which are modeled on Title VI. **_Read More:_**[_The Ambitions of the Civil Rights Movement Went Far Beyond Affirmative Action_](https://time.com/6291187/ambitions-of-the-civil-rights-movement-beyond-affirmative-action/) In its ruling, the Court majority also ignored the democratic imperative that underlies Title VI. Introducing Title VI 60 years ago, President John F. Kennedy famously [stated](https://www.justice.gov/crt/fcs/TitleVI) that “simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial discrimination.” To advance inclusion as is still required by our nation’s laws, universities will need to examine how their admissions programs and practices continue to disadvantage underrepresented students of color. Institutions have to review athletic and scholarship programs, legacy and wealth preferences, and other practices that predominantly benefit high-income white students in admissions. But this democratic imperative is not just limited to admissions. It’s crucial that educational institutions create pathways and partnerships that reach underserved students and less-resourced schools. This will mean developing programs in local elementary and secondary schools, partnerships with community colleges, and transfer policies that enable access to more resourced and selective institutions. Indeed, improving educational access and opportunity is a project for us all. All of us can pay attention to who has access to the colleges and schools that we or our children attend and who does not. We can be aware of the [policy and private](https://eric.ed.gov/?id=EJ1271226) choices that shape that access, and we can spend our time and devote resources to changing the inequitable structures that we see. Addressing the societal and communal conditions that perpetuate racial and ethnic inequality in education won’t be easy. In the current polarized climate , there are [political](https://www.npr.org/2023/05/15/1176210007/florida-ron-desantis-dei-ban-diversity) and ideological actors who are trying to stamp out efforts to promote racial and ethnic equity. Indeed, anti-affirmative action groups are [challenging school integration efforts](https://pacificlegal.org/case/coalition%5Ffor%5Ftj/) in elementary and secondary schools, even when those programs don’t [explicitly mention race](https://www.naacpldf.org/wp-content/uploads/Attachments-1-Exhibit-19.pdf) at all. While these challenges are based on [tenuous legal arguments](https://www.nationalaffairs.com/publications/detail/a-middle-ground-on-race-and-college) and go beyond even the Supreme Court’s opinion, these challenges are revealing of a disturbingly regressive vision of the future. The Court’s opinion cannot stop well-meaning individuals and institutions from caring about racial and ethnic inequality in this country. The Supreme Court has indeed spoken on race-conscious affirmative action for now, but it’s not the end of the conversation—it’s only the beginning. ## Transcript Today, the court once again, walked away from Decades of precedent and make as a descent is made clear to the Saint States, decision, quote package of precedent and momentous progress. And the quote, I agree with that statement from The Descendants are from The Descent. The court has effectively ended affirmative action in college admissions. My strong strongly disagree with the Court's decision. Many people wrongly believed that affirmative action allows unqualified students unqualified students to be admitted. He had to qualify students. This is not, this is not how College admissions work. Rather colleges set out standards for the mission and every student every student has to meet those standards then. And only, then that's the first meeting the qualifications required, by the school to college, for the other factors in addition to their grades such as race. I've always believed. One of the greatest strengths of America you tired of hearing me. Say it is our diversity. But I believe that if you have any doubt about this, just look at the United States military. The finest fighting force in the history of the world. It's been a model of diversity. And is not only been Army donation, better stronger, but safer. I believe the same is true for schools. I've always believed that the promise of America is big enough for everyone to succeed and that every generation Americans we have benefited by opening the doors of opportunity, just a little bit wider to include those when I left behind. I believe our colleges are stronger. When they are racially diverse. Our nation is stronger because we use will be because we are tapping into the full range of talents Nation. We cannot let this decision be the last word. One of them. We cannot let this decision be the last word. All the court can render a decision. It cannot change what America stands for. America's an idea, an idea unique in the world. My dear, hope and opportunity of possibilities. I'm giving everyone a fair shot. I'm leaving no one behind it. Never fully lived up to it, but we've never walked away from it either. We will not walk away from it. Now, we should never allow the country to walk away from the dream upon which it was found that opportunity is for everyone. Not just a few, we need A New Path forward, a path consistent with the law that protects diversity, and expands opportunity, and should not have been as should not have been in their commitment to ensure student bodies of diverse backgrounds and experiences that reflect all of America. When I proposed consideration is a newsstand or colleges take into account, the adversity. As soon as overcome When selecting among qualified applicants, let's be clear to standard. This is what's true under the earlier standard students, first have to be qualified applicants because the truth is, we all know it discrimination still exists in America discrimination still exists in America discrimination still exists in America. Today's decision does not change that. So, simple fact, it was student has has, overcome had to overcome adversity on their path, education, should recognize in value that. ```json [{"@context":"https://schema.org","@type":"OpinionNewsArticle","@id":"https://time.com/6291410/supreme-court-affirmative-action-final-word/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6291410/supreme-court-affirmative-action-final-word/"},"headline":"The Supreme Court’s Decision on Affirmative Action Must Not Be the Final Word","datePublished":"2023-06-29T20:07:57.000Z","dateModified":"2026-02-24T16:06:01.189Z","description":"The Supreme Court has spoken on affirmative action. 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