1877); Mass. 980 F. 3d 157, 204 (2020) (Harvard II). It put Seattle on the map, Bill says. * See Tr. To further illustrate, let's expand the applicant pool beyond John and James. Recognizing all this, UNC has developed a holistic review process to evaluate applicants for admission. Act of Apr. There is no basis for overruling Bakke, Grutter, and Fisher. Start with the obvious: If social reorganization in the name of equality may be justified by the mere fact of statistical disparities among racial groups, then that reorganization must continue until these disparities are fully eliminated, regardless of the reasons for the disparities and the cost of their elimination. PUYALLUP, Wash. Labor Day weekend is approaching, which means it's time for the Washington State Fair. Universal benefits ensue from holistic admissions programs that allow consideration of all factors material to merit (including race), and that thereby facilitate diverse student populations. Despite our early recognition of the broad sweep of the Equal Protection Clause, this Court-alongside the country-quickly failed to live up to the Clause's core commitments. All's fair in a Washington summer, apparently. D 39 At Harvard, "Asian American applicants are accepted at the same rate as other applicants and now make up more than 20% of Harvard's admitted classes," even though "only about 6% of the United States population is Asian American." (noting that UNC's black admissions percentages "do not reflect the diversity of the State"; equating the diversity interest under the Court's precedents with a goal of integration in higher education more broadly; and warning of the dangerous consequences of an America where its leadership does not reflect the diversity of the People); post, at 23 (opinion of JACKSON, J.) It is a disturbing feature of today's decision that the Court does not even attempt to make the extraordinary showing required by stare decisis. Sept. 1-24, 2023 Closed Tuesdays and Sept. 6 (Wed) Enjoy the BIG STARS under the Northwest stars! 3 Rep.). * Fisher; or, alternatively, (2) whether UNC's admissions program is narrowly tailored, and (3) whether Harvard's admissions program is narrowly tailored. Respondents have fallen short of satisfying that burden. Howard University was designed to provide "special opportunities for a higher education to the newly enfranchised of the south," but it was available to all Black people, whatever may have been their previous condition." 823 App. And in Fisher II, the use of race helped increase Hispanic representation from 11% to 16.9% (a 54% increase) and African-American representation from 3.5% to 6.8% (a 94% increase). See id., at 505 (majority opinion). UNC has a similar admissions process. (2023) Title VI bears independent force beyond the Equal Protection Clause. malevolent motive does not convert a facially discriminatory policy into a neutral policy with a discriminatory effect or alter [its] intentionally discriminatory character). Tellingly, in sharp contrast with today's decision, the Court has allowed the use of race when that use burdens minority populations. Brown recognized that passive race neutrality was inadequate to achieve the constitutional guarantee of racial equality in a Nation where the effects of segregation persist. KAVANAUGH, J., concurring nonprofit organization founded in 2014 whose purpose is "to defend human and civil rights secured by law, including the right of individuals to equal protection under the law." Political Parties 1860-1910, p. 1303 (1973). Goodguys Griot's Garage Pacific Northwest Nationals See Tr. STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE As the Civil War neared its conclusion, General William T. Sherman and Secretary of War Edwin Stanton convened a meeting of Black leaders in Savannah, Georgia. EEOC v. FLRA, 476 U. S. 19, 23 (1986) (per curiam) (internal quotation marks omitted); see also Young v. United States, 315 U. S. 257, 258-259 (1942). 1078-1080. 7See also, e.g., Tr. To enforce that distinction, our precedents explicitly require that any attempt to compensate victims of past governmental discrimination must be concrete and traceable to the de jure segregated system, which must have some discrete and continuing discriminatory effect that warrants a present remedy. Take the Asian" category. JUSTICE JACKSON took no part in the consideration or decision of the case in No. In reality, however, "the Court today cuts through the kudzu and overrules its highereducation precedents" following Bakke. The University admits that it has not set forth a proposed time period in which it believes it can end all race-conscious admissions practices." Yick Wo v. Hopkins, 118 U. S. 356, 368-369, 373-374 (1886); see also id., at 368 (applying the Clause to aliens and subjects of the Emperor of China"); Truax v. Raich, 239 U. S. 33, 36 (1915) (a native of Austria"); semble Strauder, 100 U. S., at 308309 (Celtic Irishmen) (dictum). (2023) 1, 551 U. S. 701, 763 (2007) (concurring opinion). I, 9, cl. The Court's precedents make clear that [n]arrow tailoring does not require exhaustion of every conceivable race-neutral alternative." 753, 781 (1985). Ante, at 3435. There is no particular point at which there exists sufficient innovation and problemsolving," or students who are appropriately engaged and productive." These two uses of race are not created equal. When a university admits students "on the basis of race, it engages in the offensive and demeaning assumption that [students] of a particular race, because of their race, think alike." Instead, they may consider race only as a "plus" factor for the purpose of "attaining a critical mass of underrepresented minority students" or "a diverse student body." Ch. 1. 19 There is a sound reason. Readers are responsible for providing numerical ratings for the academic, extracurricular, personal, and essay categories. 27 JUSTICE GORSUCH suggests that only "applicants of certain races may receive a 'tip' in their favor." In a fractured decision that yielded six opinions, a majority of the Court held that the school's set-aside system went too far. 61 The drafters and ratifiers of the Fourteenth Amendment focused on this broad equality idea, offering surprisingly little explanation of which term was intended to accomplish which part of the Amendment's overall goal. See Escambia County v. McMillan, 466 U. S. 48, 51 (1984) (per curiam). James would be the first; he is Black. Rev. 7 What it cannot do is use the applicant's skin color as a heuristic, assuming that because the applicant checks the box for black he therefore conforms to the university's monolithic and reductionist view of an abstract, average black person. 999. Ibid. The stakes are simply too high to gamble.7 Then, as now, the views that motivated Dred Scott and Plessy have not been confined to the past, and we must remain ever vigilant against all forms of racial discrimination. See also ante, at 10-11. For its part, Harvard expresses regret for its past practices while denying that they resemble its current ones. Id., at 180, 188. Proponents of the Equal Protection Clause described its "foundation[al] principle as "not permit[ing] any distinctions of law based on race or color." "; "If it[']s brown and above a 1300 [SAT] put them in for [the] merit/Excel [scholarship]. But even the principal dissent acknowledges that race-and race alone-explains the admissions decisions for hundreds if not thousands of applicants to UNC each year. In subsequent years, "strong anti-Asian sentiments in the Western States led to the adoption of many discriminatory laws at the State and local levels, similar to those aimed at blacks in the South, and segregation in public facilities, including schools, was quite common until after the Second World War." 27 Outside the circumstances of these cases, our precedents have identified only two compelling interests that permit resort to race-based government action. Create a favorites list of activities, entertainment stages, rides, food to make sure you don't miss a thing! The majority recognizes the compelling need for diversity in the military and the national security implications at stake, see ante, at 22, n. 4, but it ends race-conscious college admissions at civilian universities implicating those interests anyway. ante, at 31-32, n. 7 (opinion for the Court). JACKSON, J., dissenting Id., at 351 (opinion concurring in part and dissenting in part). Ibid. Brief for Massachusetts et al. Grutter, 539 U. S., at 371 (opinion of THOMAS, J.). Grutter, 539 U. S., at 333 (internal quotation marks omitted). The dissents too attempt to stretch the diversity rationale, suggesting that it supports broad remedial interests. Grutter, 539 U. S., at 342 (internal quotation marks omitted); cf. under any program or activity receiving Federal financial assistance." So what does it involve? Class of 2014 in No. * Nor should we accept that John or James represent all members of their respective races. 41 See J. Martelli & P. Abels, The Education of a Leader: Educational Credentials and Other Characteristics of Chief Executive Officers, J. of Educ. 20 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE GORSUCH, J., concurring This Court presupposes that segregation is a sin of the past and that raceconscious college admissions have played no role in the progress society has made. 8% And, in any event, Harvard concedes that its admissions officers "can and do take an applicant's race into account when assigning an overall rating." Id., at 498. They thoroughly recount the horrific history of slavery and Jim Crow in America, cf. . See post, at 24, 26-28 (opinion of JACKSON, J.) (2023) Two decades after Brown, in Bakke, a plurality of the Court held that "the attainment of a diverse student body" is a "compelling and constitutionally permissible goal for, Cite as: 600 U. S. (2023) III A And they acknowledge that race is determinative for at least someif not many of the students they admit. In the interim, this Court endorsed the practice. Every application is initially screened by a first reader, who assigns scores in six categories: academic, extracurricular, athletic, school support, personal, and overall. And then, of course, there's Seattle's own event, Seafair. They are not "equally objectionable." ("While most of the beneficiaries might be black, neither the beneficiaries nor those disadvantaged by the preference would be identified on the basis of their race" (emphasis in original)); see also ante, at 39. So, almost immediately following the ratification of the Thirteenth Amendment, several proposals for further amendments were submitted in Congress. Brief for University Respondents in No. would "necessarily result [i]n the abandoning of many of the state's existing educational establishments" and the "crowding of other such establishments); Brief for State of Kansas on Reargument in Brown v. Board of Education, O. T. 1953, No. B Each living with family near White Center in 1962, the two visited Bills aunt on Whidbey Island, hence the ferry trip, and took in the big-city fair. Narrow tailoring requires courts to examine, among other things, whether a racial classification is necessaryin other words, whether raceneutral alternatives could adequately achieve the governmental interest. 21707, at 85-86. What, then, would be the endpoint of these affirmative action policies? . "Do the Western Washington? 11 for Cert. Pp. Thus, although Ibid. As the Court subsequently recognized, even racial distinctions that were argued to have no palpable effect worked to subordinate the afflicted students. . 20-1199, at 67; 567 F. Supp. 5 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE THOMAS, J., concurring Its leadership included "slaveholders, the leaders of the Ku Klux Klan, the central figures in the white supremacy campaigns of 1898 and 1900, and many of the State's most ardent defenders of Jim Crow and race-based Social Darwinism in the twentieth century." Ante, at 38. No. See infra, at 59-60. Fourth of July fireworks shows in western Washington | king5.com Respondents have failed to present an exceedingly persuasive justification for separating students on the basis of race that is measurable and concrete enough to permit judicial review, as the Equal Protection Clause requires. Id., at 607; 2 App. SOTOMAYOR, J., dissenting (alterations omitted)). The Court ignores these careful findings and concludes that Harvard engages in racial balancing because its "focus on numbers is obvious." Palmore v. Sidoti, 466 U. S. 429, 432 (1984) (footnote omitted). were admitted . 11% 49 The Court's failure to weigh these reliance interests is a stunning indictment of its decision." post, at 21 (opinion of JACKSON, J.). . Globe, 40th Cong., 1st Sess., 79 (1867) (statement of Sen. Grimes). GORSUCH, J., concurring Cite as: 600 U. S. SOTOMAYOR, J., dissenting 579 U. S., at 388. After Plessy, "American courts labored with the doctrine [of separate but equal] for over half a century." Education "provided the means to write a pass to freedom" and "to learn of abolitionist activities." Universities cannot blindly operate their limited race-conscious programs without regard for any quantitative information. Second, respondents' admissions programs fail to articulate a meaningful connection between the means they employ and the goals they pursue. Harvard I, 397 F. Supp. 3d, at 598 (the [university's admissions policy] repeatedly cites Supreme Court precedent as guideposts). At bottom, without any new factual or legal justification, the Court overrides its longstanding holding that diversity in higher education is of compelling value. 20-1199, at 906907 (student respondent discussing her Latina identity on her application); id., at 949 (student respondent testifying he wrote about [his] Vietnamese identity on [his] application). Nor is there any way to know whether those goals would adequately be met in the absence of a race-based admissions program. 72 See D. Tokaji, Realizing the Right To Vote: The Story of Thornburg v. Gingles, in Election Law Stories 133-139 (J. Douglas & E. Mazo eds. Laws dividing parks and golf courses; neighborhoods and businesses; buses and trains; schools and juries were undone, all by a transformative promise "stemming from our American ideal of fairness": "the Constitution . an impediment to racial progress-that its own conception of the Fourteenth Amendment's Equal Protection Clause leaves it no other optionhas a wholly self-referential, twodimensional flatness. THOMAS, J., filed a concurring opinion. . in No. of Cal. And because SFFA's members did neither at the time this litigation commenced, respondents' argument goes, SFFA could not represent its members for purposes of Article III standing. Tickets are on sale now. In fact, a recent study considering 173 schools found that 43% of colleges offered segregated housing to students of different races, 46% offered segregated orientation programs, and 72% sponsored segregated graduation ceremonies. When asked at oral argument "how are applicants from Middle Eastern countries classified, [such as] Jordan, Iraq, Iran, [and] Egypt," UNC's counsel responded, [I] do not know the answer to that question." Id., at 342; Fisher II, 579 U. S., at 388. Representative John Lynch declared that "[t]he duty of the law-maker is to know no race, no color, no religion, no nationality, except to prevent distinctions on any of these grounds, so far as the law is concerned." Three aspects of today's decision warrant comment: First, to satisfy strict scrutiny, universities must be able to establish an actual link between racial discrimination and educational benefits. An organizational plaintiff can satisfy Article III jurisdiction in two ways, one of which is to assert "standing solely as the representative of its mem, Cite as: 600 U. S. Classifying and assigning" students based on their race requires more than Id., at The First Circuit affirmed that determination. Get Tickets The Puyallup Rodeo Sept. 7-10 Get non-stop, edge-of-your-seat action all weekend long. How else can one explain his detection of "an organizing principle based on race," a claim that our society is fundamentally racist," and a desire for Black victimhood" or racial silo[s]," ante, at 49-52, in this dissent's approval of an admissions program that advances all Americans' shared pursuit of true equality by treating race "on par with" other aspects of identity, supra, at 18? 438 U. S., at 272-276. Because a foundational pillar of slavery was the racist notion that Black people are a subordinate class with intellectual inferiority, Southern States sought to ensure slavery's longevity by prohibiting the education of Black people, whether enslaved or free. At UNC, the admissions officers' decisions to admit or deny are "provisionally final."" See Brief for Georgetown University et al. Leading Republican Senator Charles Sumner compellingly argued that "any rule excluding a man on account of his color is an indignity, an insult, and a wrong. Id., at 242; see also ibid. SFFA's proposed top percentage plans,24 for example, are based on a made-up and complicated admissions index that requires UNC to "access real-time data for all high school students." Surely, not all federal grant-inaid benefits, drafting of legislation, urban and regional planning, business planning, and academic and social studies"" that flow from census data collection, Department of Commerce v. New York, 588 U. S. (2019) (slip op., at 2), are constitutionally suspect. And the repeated demands that race-based admissions programs must end go overlooked-contorted, worse still, into a demand that such programs never stop. Consistent with that view, the Bureau provided essential funding for black education during Reconstruction. Id., at 97. Cite as: 600 U. S. (2023) WASHINGTON STATE FAIR - 1525 Photos & 418 Reviews - 110 9th Ave SW, Puyallup, Washington - Festivals - Phone Number - Yelp Washington State Fair 418 reviews Claimed Festivals Open 8:00 AM - 4:30 PM See hours See all 1545 photos Write a review Add photo Location & Hours Get directions Sponsored 26 1.6 miles Although these are commendable goals, they are not sufficiently coherent for purposes of strict scrutiny. See D. Bernstein, The Modern American Law of Race, 94 S. Cal. Cong. Respondents do not suggest that SFFA fails Hunt's test for organizational standing. Id., at 600. Id., at 616-617. 79-217-CIV-5 (EDNC, July 17, 1981) (Consent Decree). Cite as: 600 U. S. (2023) (2023) (2023) The "goal," according to Harvard's director of admissions, is to make sure that [Harvard does] not hav[e] a dramatic drop-off in minority admissions from the prior class. 8 517 U. S., at 909-910. Cite as: 600 U. S. 20-1199, and issues this opinion with respect to the case in No. See J. Fogel, M. Hoopes, & G. Liu, Law Clerk Selection and Diversity: Insights From Fifty Sitting Judges of the Federal Courts of Appeals 7-8. in No. Likewise, increasing the number of students from underrepresented backgrounds who join "the ranks of medical professionals" improves healthcare access and health outcomes in medically underserved communities." (2023) needful for the immediate and temporary shelter and supply of destitute and suffering refugees and freedmen and their wives and children" and the setting, 18 STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE THOMAS, J., concurring When the D. C. schools moved to a neighborhood-based admissions model, Dunbar was no longer able to maintain its prior admissions policies and "[m]ore than 80 years of quality education came to an abrupt end." That would be true even though, under that hypothetical scenario, Harvard does not consider race in admissions at all. segregation in higher education because racial inequality will persist so long as it is ignored. P. Arcidiacono & M. Lovenheim, Affirmative Action and the Quality-Fit Trade-off, 54 J. Econ. Instead, it has always been this Court's duty "to give effect, if possible, to every clause and word of a statute," Montclair v. Ramsdell, 107 U. S. 147, 152 (1883), and of the Constitution itself, see Knowlton v. Moore, 178 U. S. 41, 87 (1900).

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