Earlier this summer, the U.S. Supreme Court made a consequential decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No-20-1199, and Students for Fair Admissions Inc. v. University of North Carolina et. al, No. 21-707. The court held that the race-conscious admissions programs used by Harvard and UNC were in breach of the Equal Protection Clause of the Fourteenth Amendment. While this decision immediately impacts higher education institutions, its ripple effects may be more far-reaching, going beyond the education sector.
The initial analysis by Faegre Drinker Biddle & Reath LLP
helps to unravel the potential impacts of the decisions on the broader nonprofit sector. It is worth noting that the ruling does not directly apply to all nonprofits, but it should be considered carefully by all organizations, as it may influence future cases and alter the ways they operate.
It is well understood among legal professionals that significant court rulings often lead to changes in legislation or precedent that may affect other sectors as well. With the decision on the Harvard/UNC cases, organizations operating in the nonprofit sector should tread with caution when considering if and how they may use criteria such as race in their practices to ensure compliance with the law.
To understand the full breadth of this Supreme Court ruling, it is important to closely monitor the subsequent legal interpretations and potential amendments to related legislation. As legal professionals, vigilance and adaptability remain at the forefront of navigating an ever-evolving legal landscape.