Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/181

This page has been proofread, but needs to be validated.

42

STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE

Sotomayor, J., dissenting

has approved” many times in the past. Fisher II, 579 U. S., at 382; see, e.g., UNC, 567 F. Supp. 3d, at 598 (“the [university’s admissions policy] repeatedly cites Supreme Court precedent as guideposts”).^[1] At bottom, without any new factual or legal justification, the Court overrides its longstanding holding that diversity in higher education is of compelling value.

To avoid public accountability for its choice, the Court seeks cover behind a unique measurability requirement of its own creation. None of this Court’s precedents, however, requires that a compelling interest meet some threshold level of precision to be deemed sufficiently compelling. In fact, this Court has recognized as compelling plenty of interests that are equally or more amorphous, including the “intangible” interest in preserving “public confidence in judicial integrity,” an interest that “does not easily reduce to precise definition.” Williams-Yulee v. Florida Bar, 575 U. S. 433, 447, 454 (2015) (Roberts, C. J., for the Court); see also, e.g., Ramirez v. Collier, 595 U. S. ___, ___ (2022) (Roberts, C. J., for the Court) (slip op., at 18) (“[M]aintaining solemnity and decorum in the execution chamber” is a “compelling” interest); United States v. Alvarez, 567 U. S. 709, 725 (2012) (plurality opinion) (“[P]rotecting the integrity of the Medal of Honor” is a “compelling interes[t]”); Sable Communications of Cal., Inc. v. FCC, 492 U. S. 115, 126 (1989) (“[P]rotecting the physical and psychological wellbeing of minors” is a “compelling interest”). Thus, although

↑ There is no dispute that respondents’ compelling diversity objectives are “substantial, long-standing, and well documented.” UNC, 567 F. Supp. 3d, at 655; Harvard II, 980 F. 3d, at 186–187. SFFA did not dispute below that respondents have a compelling interest in diversity. See id., at 185; Harvard I, 397 F. Supp. 3d, at 133; Tr. of Oral Arg. in No. 21–707, p. 121. And its expert agreed that valuable educational benefits flow from diversity, including richer and deeper learning, reduced bias, and more creative problem solving. 2 App. in No. 21–707, p. 546. SFFA’s counsel also emphatically disclaimed the issue at trial. 2 App. in No. 20–1199, p. 548 (“Diversity and its benefits are not on trial here”).

[1] There is no dispute that respondents’ compelling diversity objectives are “substantial, long-standing, and well documented.” UNC, 567 F. Supp. 3d, at 655; Harvard II, 980 F. 3d, at 186–187. SFFA did not dispute below that respondents have a compelling interest in diversity. See id., at 185; Harvard I, 397 F. Supp. 3d, at 133; Tr. of Oral Arg. in No. 21–707, p. 121. And its expert agreed that valuable educational benefits flow from diversity, including richer and deeper learning, reduced bias, and more creative problem solving. 2 App. in No. 21–707, p. 546. SFFA’s counsel also emphatically disclaimed the issue at trial. 2 App. in No. 20–1199, p. 548 (“Diversity and its benefits are not on trial here”).

[1]