The Right of Private College to Admit Diverse Students

Higher education has become a necessity for social and economic mobility in our society. This is particularly important for minority groups seeking to access the mainstream of American society. In 2023, however, the Supreme Court held in Students for Fair Admissions v. Harvard that student admission policies at public universities that benefit minorities violate the Equal Protection Clause and cannot include affirmative action to increase the diversity of a school’s student body. The same reasoning applies to private schools under the equal protection provisions of the Civil Rights Act of 1964.  Because admissions at private schools, including the Ivy League, are bound by civil rights law, not the Constitution, Congress could amend these statutes to again allow race to be considered for admissions.