Biden administration issues guidance on lawful admissions practices after ruling

Students for Fair Admissions v. Harvard, 600 U. S.

Federal admissions guidance after the June 2023 Supreme Court ruling

On 14 August 2023 the US Department of Justice and Department of Education issued guidance to colleges and universities after the Supreme Court's 29 June decisions in the Students for Fair Admissions cases involving Harvard and the University of North Carolina. The Court had limited the use of racial classifications in admissions under the Equal Protection Clause and Title VI. The Biden administration's response did not reinstate the admission policies the Court had rejected. Instead, it explained measures that institutions could lawfully take to pursue educational opportunity and remove barriers to student access.

The guidance said an applicant could discuss how race had shaped individual experiences, such as confronting discrimination, provided admissions staff evaluated the experience and demonstrated qualities rather than awarding preference solely for racial identity. It also discussed outreach to underserved communities, recruiting from varied schools, considering financial adversity and other personal circumstances, and supporting enrolled students' retention. Joe Biden's administration treated these tools as a way to continue pursuing protection of minority rights within constitutional constraints. Associate Attorney General Vanita Gupta, Civil Rights Division leader Kristen Clarke and Education Secretary Miguel Cardona presented the materials on 14 August.

The June ruling immediately affected admissions planning for institutions nationwide, intensifying argument about equal opportunity, educational diversity and social cohesion. The guidance also acknowledged the continued application of federal nondiscrimination law to universities receiving public assistance. Kamala Harris was vice-president during the administration's response, though the formal joint guidance came from the two departments. The administration's publication gave practical examples to admissions officers but did not change the Supreme Court's judgment or guarantee any institution immunity from litigation. Colleges remained responsible for the legality of their own revised policies.