It is here. As expected, the Court finds that the Harvard and North Carolina admissions practices violate the Equal Protection Clause of the 14th Amendment. More in a bit.
UPDATE (9:20 am CST): It appears the Court did not overrule Grutter and did not reject the view that "diversity" is a compelling state interest. Justice Thomas's summary of the key points of the majority opinion is useful:
First, to satisfy strict scrutiny, universities must be able to establish an actual link between racial discrimination [i.e., considering an applicant's race in admissions] and educational benefits. Second, those engaged in racial discrimination do not deserve deference with respect to their reasons for discriminating. Third, attempts to remedy past governmental discrimination must be closely tailored to address that particular past governmental discrimination.
In other words, while "diversity" is a permissible consideration, it will be very difficult if not impossible to justify racial preferences on its basis. Universities cannot just say, "We know it has benefits," they will actually have to show what they are precisely and that there was no other way to achieve those benefits. "Strict scrutiny" is the most demanding form of judicial scrutiny of state action, and almost no state action survives this test. (Please email me if I'm missing something. I'm still reading!) (UPDATE: Dan Epps, a constitutional law scholar at Wash U/St. Louis, says the decision means affirmative action is unconstitutional, since, as he rightly replies to me in comments, almost nothing can survive strict scrutiny.)
MORE: From C.J. Roberts's majority opinion (I bolded part of it):
At the same time, as all parties agree, 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. See, e.g., 4 App. in No. 21–707, at 1725–
1726, 1741; Tr. of Oral Arg. in No. 20–1199, at 10. But, despite the dissent’s assertion to the contrary, universities may not simply establish through application essays or other means the regime we hold unlawful today...“[W]hat cannot be done directly cannot be done indirectly. The Constitution deals with substance, not shadows,” and the prohibition against racial discrimination is “levelled at the thing not the name.”Cummingsv.Missouri, 4 Wall. 277, 325 (1867). A benefit to a student who overcame racial discrimination, for example, must be tied tothat student’scourage and determination.Or a benefit to a student whose heritage or culture motivated him or her to assume a leadership role or attain a particular goal must be tied tothat student’s unique ability to contribute to the university.In other words, the student must be treated based on his or her experiences as an individual—not on the basis of race.
I'm opening comments for those who have more time to parse the whole opinion. I have to do something else for the next few hours, but will try to approve comments as they come in. Thank you.
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