Thomas, J., concurring
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 Thomas, concurring.
In the wake of the Civil War, the country focused its attention on restoring the Union and establishing the legal status of newly freed slaves. The Constitution was amended to abolish slavery and proclaim that all persons born in the United States are citizens, entitled to the privileges or immunities of citizenship and the equal protection of the laws. Amdts. 13, 14. Because of that second founding, “[o]ur Constitution is color-blind, and neither knows nor tolerates classes among citizens.” Plessy v. Ferguson, 163 U. S. 537, 559 (1896) (Harlan, J., dissenting).
This Court’s commitment to that equality principle has ebbed and flowed over time. After forsaking the principle for decades, offering a judicial imprimatur to segregation
