The Supreme Court is again examining whether universities may consider race when trying to build diverse student bodies, reviewing admissions policies at Harvard University and the University of North Carolina. (Eric Lee for The Washington Post via Getty Images)
This page was last updated on October 3, 2023
The U.S. Supreme Court recently issued landmark decisions in two cases — Students for Fair Admissions v. Harvard, and Students for Fair Admissions v. University of North Carolina — banning affirmative action in higher education.
As an organization seeking to build a better world where everyone has a meaningful opportunity to thrive, the Hewlett Foundation stands firm in our commitment to the pursuit of equity and justice. Read our statement on the Supreme Court’s ruling, as well as the joint statement that we co-signed with dozens of other philanthropies. To support charitable organizations like ours to prepare and effectively respond to these decisions, we are sharing resources from our grantees, partners, and other experts.
The materials below encompass a range of perspectives on the potential scenarios and implications resulting from the Supreme Court decisions. We plan to update this regularly as more resources become available.
By offering these resources, we hope to help inform foundations and nonprofits so that, together, we can identify the best paths forward to continue advancing the cause of racial equity.
Thank you to all the organizations that have shared these resources with us.
Resources
Below are resources shared with the Hewlett Foundation for those who are advancing racial justice and have questions about the implications of the recent decisions. These do not constitute legal counsel, and we would encourage organizations to contact their own legal representation. If you are a Hewlett grantee and have questions, please contact your program officer about additional resources that may be available to you.
Public Equity Group
September 2023 — In a new explainer, the Public Equity Group examines how the Supreme Court’s decision could impact the workplace and provides recommendations on what organizations can do to protect diversity programs.
Arnold and Porter
June 30, 2023 — This blog post provides an in-depth overview of the history of affirmative action, the possible implications of the legal decisions, and recommendations for how universities might continue to build a diverse student body.
Morgan Lewis
June 29, 2023 — This blog post provides a legal perspective on the potential implications of the decisions for diversity, equity, and inclusion (DEI) and environmental, social, and governance (ESG) initiatives in other spaces, such as employment, contracting, investing and lending, and charitable giving.
Prior to decisions
Munger, Tolles, and Olson
May 24, 2023 — The memo undertakes an initial legal analysis of the potential outcomes of the Supreme Court’s decisions and examines the implications these outcomes may have for nonprofit organizations. The paper does not constitute legal advice for organizations.
The Opportunity Agenda
October/November 2022 — In their “Tips for Talking About Affirmative Action Cases” memo, The Opportunity Agenda shares communications advice intended to help mobilize supporters of diversity and equal opportunity while persuading undecided audiences. This messaging guidance is based on opinion and media research as well as practical experience from around the country.
Public Equity Group
May 2023 — In the memo “What SCOTUS Affirmative Action Could Mean For Your DEI Work (and How to Protect It Going Forward),” Public Equity Group shares their perspectives on the current context and potential implications of the Supreme Court’s decisions. It provides recommendations for organizations to protect and even deepen diversity, equity, and inclusion efforts as employers.
Morgan, Lewis & Bockius LLP
May 3, 2023 — In this piece published by Reuters, Sharon Perley Masling, Amy Wynne, and Elizabeth Goldberg at Morgan, Lewis, and Bockius LLP invite employers to contemplate how the Supreme Court’s decisions may impact their diversity, equity, and inclusion initiatives (DEI) and environmental, social, and governance (ESG) commitments. The article outlines practical steps that employers can take to position their DEI programs for future success.
Perception Institute, the Othering and Belonging Institute, Anthem of Us, the ACLU, and PerryUndem
June 13, 2023 — Titled “Keeping Pathways Open,” this memo offers messaging recommendations based on a national survey. It aims to support organizations in developing an effective strategic response by providing communications guidance that inspires belonging and motivates action to protect and expand opportunities for students in higher education.
Lawyers’ Committee for Civil Rights Under the Law, Asian Americans Advancing Justice| AAJC, and Legal Defense Fund
June 13, 2023 — The brief highlights four key points for stakeholders to consider in anticipation of the forthcoming Supreme Court decisions. The paper seeks to clarify what is at stake in these cases.
Hewlett will regularly update this page. Please contact Edit Ruano (eruano@hewlett.org) if you have a resource that you would like us to include.
