Students for Fair Admissions, Inc. v. University of North Carolina

Docket No.	Argument	Opinion	Vote	Author	Term
21-707	Oct 31, 2022	Jun 29, 2023	6-3	Roberts	OT 2022

Holding: The admissions programs at Harvard College and the University of North Carolina violate the equal protection clause of the 14th Amendment.

Judgment: Reversed, 6-3, in an opinion by Chief Justice Roberts on June 29, 2023. Justice Thomas filed a concurring opinion. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Kavanaugh filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

SCOTUSblog Coverage

Supreme Court strikes down affirmative action programs in college admissions (Amy Howe, June 29, 2023)
Affirmative action appears in jeopardy after marathon arguments (Amy Howe, October 31, 2022)
The court is poised to set jurisprudence on race for generations and not just in affirmative action (James Romoser, October 30, 2022)
A guide to the amicus briefs in the affirmative-action cases (Ellena Erskine, Angie Gou, and Elisabeth Snyder, October 29, 2022)
The court should relegate racial discrimination in higher education to the dustbin of history (Zach West and Bryan Cleveland, October 28, 2022)
Being race-conscious is a necessary and effective tool to address racism and discrimination including for Asian Americans (Bethany Li, October 28, 2022)
On being original: Racial classifications and the fallacy of a certain strain of progressive originalism (Devon Westhill, October 28, 2022)
A business perspective: Diversity in university admissions is a compelling interest (Michael R. Dreeben, Natalie Camastra, and Kelly Kambourelis, October 27, 2022)
In higher education and beyond, race-based policies stifle individualism and ultimately harm everyone (Wen Fa, October 27, 2022)
The history of anti-Black discrimination in higher education and the myth of a color-blind Constitution (Danielle R. Holley, October 26, 2022)
Diversity by diktat: An obscure 1977 OMB memo forms the basis for todays affirmative-action programs (David Bernstein, October 26, 2022)
In cases challenging affirmative action, court will confront wide-ranging arguments on history, diversity, and the role of race in America (Amy Howe, October 26, 2022)
Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
Court will hear affirmative-action challenges separately, allowing Jackson to participate in UNC case (Amy Howe, July 22, 2022)
The rise of certiorari before judgment (Steve Vladeck, January 25, 2022)
Court will hear challenges to affirmative action at Harvard and University of North Carolina (Amy Howe, January 24, 2022)
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
Justices add new cases on bankruptcy, workers comp, and relief from final judgments (Amy Howe, January 10, 2022)
Trumps steel tariffs, UNC affirmative action, and Maines COVID-19 vaccine mandate (Andrew Hamm, December 3, 2021)

Date	Proceedings and Orders (key to color coding)
11/11/2021	Petition for a writ of certiorari before judgment filed. (Response due December 15, 2021)
11/11/2021	Motion to expedite briefing of the petition for a writ of certiorari before judgment filed by petitioner Students for Fair Admissions, Inc.
11/18/2021	Motion of The University of North Carolina et al. to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
11/18/2021	Response to motion to expedite from respondent The University of North Carolina et al. filed.
11/19/2021	Motion of Cecilia Polanco, et al. to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
11/19/2021	Response to motion to expedite from respondent Cecilia Polanco, et al. filed.
11/19/2021	Reply in Support of Motion to Expedite and Opposition to Motions for an Extension filed.
11/22/2021	The motion of The University of North Carolina, et al. to extend the time to file a response is granted in part, and the time is extended to and including December 20, 2021.
11/22/2021	The motion of Cecilia Polanco, et al. to extend the time to file a response is granted in part, and the time is extended to and including December 20, 2021.
12/08/2021	Brief amicus curiae of Californians for Equal Rights Foundation filed.
12/13/2021	Brief amicus curiae of Professor David Bernstein filed.
12/14/2021	Brief amici curiae of Former Federal Officials of the Department of Education's Office for Civil Rights filed.
12/14/2021	Brief amici curiae of Pacific Legal Foundation, et al. filed.
12/14/2021	Brief amicus curiae of National Association of Scholars filed.
12/15/2021	Brief amicus curiae of Liberty Justice Center filed.
12/15/2021	Brief amici curiae of Asian American Coalition for Education and the Asian American Legal Foundation filed.
12/15/2021	Brief amici curiae of Speech First and Southeastern Legal Foundation filed.
12/15/2021	Brief amicus curiae of Cato Institute filed.
12/15/2021	Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
12/15/2021	Brief amici curiae of Oklahoma, et al. filed.
12/20/2021	Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
12/20/2021	Brief of respondents Cecilia Polanco, et al. in opposition filed. (Distributed)
12/20/2021	Brief of respondents University respondents in opposition filed. (Distributed)
12/22/2021	DISTRIBUTED for Conference of 1/7/2022.
12/23/2021	Reply of petitioner Students for Fair Admissions, Inc. filed. (Distributed)
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/18/2022	DISTRIBUTED for Conference of 1/21/2022.
01/24/2022	Petition for a writ of certiorari before judgment GRANTED. The petition for a writ of certiorari in No. 20-1199 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
01/24/2022	Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1199. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1199. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as "VIDED."
07/22/2022	This case is no longer consolidated with No. 20-1199, Students for Fair Admissions v. President and Fellows of Harvard, and one hour is allotted for oral argument.
07/25/2022	Brief of University Respondents filed.
07/25/2022	Brief of Respondent-Students Cecilia Polanco, et al. filed.
07/25/2022	Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc. & National Association for the Advancement of Colored People filed.
07/27/2022	Amicus brief of Human Rights Advocates, et al. not accepted for filing. (August 31, 2022--Corrected brief and PDF submitted.)
07/27/2022	Brief amici curiae of Human Rights Advocates, et al. filed. VIDED. (Aug. 3, 2022)
07/28/2022	Brief amici curiae of Association of American Medical Colleges, et al. filed. VIDED.
07/29/2022	Brief amici curiae of 25 Diverse, California-Focused Bar Associations, et al. filed. VIDED.
07/29/2022	Brief amicus curiae of The Council of the Great City Schools filed. VIDED.
07/29/2022	Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.
07/29/2022	Brief amicus curiae of HR Policy Association filed. VIDED.
08/01/2022	Brief amici curiae of National Asian Pacific American Bar Association, et al. and National LGBTQ+ Bar Association filed. VIDED.
08/01/2022	Brief amicus curiae of The American Bar Association filed. VIDED.
08/01/2022	Brief amici curiae of 1,246 American Social Science Researchers and Scholars filed.
08/01/2022	Brief amici curiae of The American Psychological Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of National School Boards Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of American Educational Research Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Admissions and Testing Professionals filed. VIDED.
08/01/2022	Amicus brief of Admissions and Testing Professionals not accepted for filing. (Duplicate submission--August 31, 2022.)
08/01/2022	Brief amicus curiae of National Black Law Students Association filed. VIDED.
08/01/2022	Brief amici curiae of Asian Americans Advancing Justice, et al. filed. VIDED.
08/01/2022	Brief amici curiae of National Women's Law Center and 37 Additional Organizations Committed to Race and Gender Equality filed. VIDED.
08/01/2022	Brief amici curiae of American Association for Access, Equity and Diversity and Fund for Leadership, Equity, Access and Diversity filed. VIDED.
08/01/2022	Brief amici curiae of HBCU Leaders and National Association for Equal Opportunity in Higher Education filed. VIDED.
08/01/2022	Brief amici curiae of Massachusetts Institute of Technology, et al. filed. VIDED.
08/01/2022	Brief amici curiae of American G.I. Forum, et al. filed. VIDED.
08/01/2022	Brief amicus curiae of National Academy of Education filed. VIDED.
08/01/2022	Brief amici curiae of Georgetown University, et al. filed. VIDED.
08/01/2022	Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
08/01/2022	Brief amici curiae of Deborah Cohen and 67 Other Professors filed. VIDED.
08/01/2022	Brief amicus curiae of United States filed.
08/01/2022	Brief amici curiae of College Board, et al. filed. VIDED.
08/01/2022	Brief amici curiae of United States Senators and Former Senators filed. VIDED
08/01/2022	Brief amici curiae of President and Chancellors of the University of California filed. VIDED.
08/01/2022	Brief amici curiae of Multicultural Media, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. VIDED.
08/01/2022	Brief amicus curiae of Law Firm Antiracism Alliance filed. VIDED.
08/01/2022	Brief amici curiae of Amherst, et al. filed. VIDED.
08/01/2022	Motion of United States for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
08/01/2022	Motion for divided argument and for enlargement of time for oral argument filed by student respondents.
08/01/2022	Brief amicus curiae of American Federation of Teachers filed. VIDED
08/01/2022	Brief amici curiae of Washington Bar Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Major American Business Enterprises filed. VIDED.
08/01/2022	Brief amici curiae of Robert C. "Bobby" Scott, Member of Congress, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Southern Governors filed. VIDED.
08/01/2022	Brief amici curiae of National Association of Basketball Coaches, et al. filed. VIDED.
08/01/2022	Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 8, 2022 - To be reprinted and new PDF resubmitted.)
08/01/2022	Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 8, 2022)
08/01/2022	Brief amici curiae of American Civil Liberties Union et al. filed. VIDED.
08/01/2022	Brief amici curiae of Deans of U.S. Law Schools filed. VIDED.
08/01/2022	Brief amicus curiae of The University of Michigan filed. VIDED.
08/01/2022	Brief amici curiae of Legal Scholars Defending Race-Conscious Admissions filed. VIDED.
08/01/2022	Brief amici curiae of Brown University, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Applied Materials, Inc., et al. filed. VIDED.
08/01/2022	Brief amici curiae of Professors of History and Law filed. VIDED.
08/01/2022	Brief amici curiae of Massachusetts et al. filed. VIDED.
08/01/2022	Brief amici curiae of Adm. Charles S. Abbot, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Black Women Law Scholars filed. VIDED.
08/01/2022	Brief amici curiae of Individual Scientists filed. VIDED.
08/01/2022	Brief amici curiae of Faith Organizations, et al. filed. VIDED.
08/01/2022	Amicus brief of National Education Association et al. not accepted for filing. (Corrected version submitted - Aug. 10, 2022.)
08/01/2022	Brief amici curiae of National Education Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Empirical Scholars filed. VIDED.
08/01/2022	Amicus brief of Youth Advocates and Experts on Educational Access not accepted for filing. (Corrected version submitted - Aug. 16, 2022.)
08/01/2022	Brief amici curiae of Youth Advocates and Experts on Educational Access filed. VIDED. (Aug. 11, 2022)
08/03/2022	ARGUMENT SET FOR Monday, October 31, 2022.
08/24/2022	Reply of petitioner Students for Fair Admissions, Inc. filed.
08/31/2022	CIRCULATED
09/09/2022	Motion for divided argument and for enlargement of time for oral argument filed by student respondents GRANTED.
09/09/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is divided as follows: 45 minutes for petitioner, 20 minutes for the university respondents, 10 minutes for the student respondents, and 15 minutes for the Solicitor General.
09/12/2022	Record requested from the U.S.C.A. 4th Circuit.
09/15/2022	Record received from the U.S.D.C. Middle Dist. of North Carolina has been electronically filed.
10/31/2022	Argued. For petitioner: Patrick Strawbridge, Boston, Mass. For university respondents: Ryan Y. Park, Solicitor General, Raleigh, N. C. For student respondents: David G. Hinojosa, Washington, D. C. For United States, as amicus curiae, supporting respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
06/29/2023	Judgment REVERSED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf'>opinion</a> of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Kavanaugh, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Jackson, J., joined as it applies to No. 21"707. Jackson, J., filed a dissenting opinion in No. 21"707, in which Sotomayor and Kagan, JJ., joined. Jackson, J., took no part in the consideration or decision of the case in No. 20"1199. (Opinion together with No. 20-1199). VIDED.
07/07/2023	Letter from counsel for amici curiae Association of American Medical Colleges, et al. received.
07/31/2023	Judgment issued.