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.   

We will be updating this page regularly as we have new resources to share.

Resources:

• Steptoe & Johnson Analysis: Commissioned by the Council and Independent Sector, this analysis looks at how the Supreme Court’s decision could potentially impact foundations and other nonprofit organizations

Responses:  

• Kathleen Enright’s Statement: Statement from Council President and CEO Kathleen Enright
• Philanthropic Joint Statement: Led by the Robert Wood Johnson Foundation and the Ford Foundation, and signed by more than 100 organizations, including the Council