Sotomayor, J., dissenting
SUPREME COURT OF THE UNITED STATES
Nos. 20–1199 and 21–707
STUDENTS FOR FAIR ADMISSIONS, INC., PETITIONER
20–1199v.20–1199
PRESIDENT AND FELLOWS OF HARVARD COLLEGE
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
STUDENTS FOR FAIR ADMISSIONS, INC., PETITIONER
21–707v.21–707
UNIVERSITY OF NORTH CAROLINA, ET AL.
ON WRIT OF CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
[June 29, 2023]
Justice Sotomayor, with whom Justice Kagan and Justice Jackson join,[* 1] dissenting.
The Equal Protection Clause of the Fourteenth Amendment enshrines a guarantee of racial equality. The Court long ago concluded that this guarantee can be enforced through race-conscious means in a society that is not, and has never been, colorblind. In Brown v. Board of Education, 347 U. S. 483 (1954), the Court recognized the constitutional necessity of racially integrated schools in light of the
- ↑ *Justice Jackson did not participate in the consideration or decision of the case in No. 20–1199 and joins this opinion only as it applies to the case in No. 21–707.
