Supreme Court of the United States · Official docket →
Students for Fair Admissions, Inc. v. University of North Carolina, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-2263
Decided · June 29, 2023
Pre-decision estimate: 6% cert probability (95% interval 3%–11%)
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a dissent in the court below (flagged in the petition) and a business petitioner.
Questions presented
Consolidated with 20-1199.
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Should this Court overrule Grutter v. Bollinger, 539 U.S. 306 (2003), and hold that institutions of higher education cannot use race as a factor in admissions?
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Can a university reject a race-neutral alternative because it would change the composition of the student body, without proving that the alternative would cause a dramatic sacrifice in academic quality or the educational benefits of overall student-body diversity?
Counsel of record
For petitioner
Thomas Ryan McCarthy
Consovoy McCarthy PLLC
For respondent
David G. Hinojosa
Lawyers' Committee for Civil Rights Under Law
Case
Conference history
Distributed for 3 conferences
Amicus briefs
11 cert-stage · 56 merits
(56 respondent)
Argument & decision
Argued October 31, 2022 — Patrick Strawbridge · Ryan Y. Park · David G. Hinojosa · Elizabeth .... Audio and transcript
Decided June 29, 2023. Opinion by Roberts, C.J..
Proceedings
- Jul 31 2023Judgment issued.
- Jul 07 2023Letter from counsel for amici curiae Association of American Medical Colleges, et al. received.
- Jun 29 2023Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Kavanaugh, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Jackson, J., joined as it applies to No. 21–707. Jackson, J., filed a dissenting opinion in No. 21–707, in which Sotomayor and Kagan, JJ., joined. Jackson, J., took no part in the consideration or decision of the case in No. 20–1199. (Opinion together with No. 20-1199). VIDED.
- Oct 31 2022Argued. For petitioner: Patrick Strawbridge, Boston, Mass. For university respondents: Ryan Y. Park, Solicitor General, Raleigh, N. C. For student respondents: David G. Hinojosa, Washington, D. C. For United States, as amicus curiae, supporting respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
- Sep 15 2022Record received from the U.S.D.C. Middle Dist. of North Carolina has been electronically filed.
- Sep 12 2022Record requested from the U.S.C.A. 4th Circuit.
- Sep 09 2022Motion for divided argument and for enlargement of time for oral argument filed by student respondents GRANTED.
- Sep 09 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is divided as follows: 45 minutes for petitioner, 20 minutes for the university respondents, 10 minutes for the student respondents, and 15 minutes for the Solicitor General.
- Aug 31 2022CIRCULATED
- Aug 24 2022Reply of petitioner Students for Fair Admissions, Inc. filed.
- Aug 03 2022ARGUMENT SET FOR Monday, October 31, 2022.
- Aug 01 2022Brief amici curiae of National Asian Pacific American Bar Association, et al. and National LGBTQ+ Bar Association filed. VIDED.
- Aug 01 2022Brief amicus curiae of The American Bar Association filed. VIDED.
- Aug 01 2022Brief amici curiae of 1,246 American Social Science Researchers and Scholars filed.
- Aug 01 2022Brief amici curiae of The American Psychological Association, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of National School Boards Association, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of American Educational Research Association, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Admissions and Testing Professionals filed. VIDED.
- Aug 01 2022Amicus brief of Admissions and Testing Professionals not accepted for filing. (Duplicate submission--August 31, 2022.)
- Aug 01 2022Brief amicus curiae of National Black Law Students Association filed. VIDED.
- Aug 01 2022Brief amici curiae of Asian Americans Advancing Justice, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of National Women's Law Center and 37 Additional Organizations Committed to Race and Gender Equality filed. VIDED.
- Aug 01 2022Brief amici curiae of American Association for Access, Equity and Diversity and Fund for Leadership, Equity, Access and Diversity filed. VIDED.
- Aug 01 2022Brief amici curiae of HBCU Leaders and National Association for Equal Opportunity in Higher Education filed. VIDED.
- Aug 01 2022Brief amici curiae of Massachusetts Institute of Technology, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of American G.I. Forum, et al. filed. VIDED.
- Aug 01 2022Brief amicus curiae of National Academy of Education filed. VIDED.
- Aug 01 2022Brief amici curiae of Georgetown University, et al. filed. VIDED.
- Aug 01 2022Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
- Aug 01 2022Brief amici curiae of Deborah Cohen and 67 Other Professors filed. VIDED.
- Aug 01 2022Brief amicus curiae of United States filed.
- Aug 01 2022Brief amici curiae of College Board, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of United States Senators and Former Senators filed. VIDED
- Aug 01 2022Brief amici curiae of President and Chancellors of the University of California filed. VIDED.
- Aug 01 2022Brief amici curiae of Multicultural Media, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. VIDED.
- Aug 01 2022Brief amicus curiae of Law Firm Antiracism Alliance filed. VIDED.
- Aug 01 2022Brief amici curiae of Amherst, et al. filed. VIDED.
- Aug 01 2022Motion of United States for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Aug 01 2022Motion for divided argument and for enlargement of time for oral argument filed by student respondents.
- Aug 01 2022Brief amicus curiae of American Federation of Teachers filed. VIDED
- Aug 01 2022Brief amici curiae of Washington Bar Association, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Major American Business Enterprises filed. VIDED.
- Aug 01 2022Brief amici curiae of Robert C. "Bobby" Scott, Member of Congress, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Southern Governors filed. VIDED.
- Aug 01 2022Brief amici curiae of National Association of Basketball Coaches, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 8, 2022 - To be reprinted and new PDF resubmitted.)
- Aug 01 2022Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 8, 2022)
- Aug 01 2022Brief amici curiae of American Civil Liberties Union et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Deans of U.S. Law Schools filed. VIDED.
- Aug 01 2022Brief amicus curiae of The University of Michigan filed. VIDED.
- Aug 01 2022Brief amici curiae of Legal Scholars Defending Race-Conscious Admissions filed. VIDED.
- Aug 01 2022Brief amici curiae of Brown University, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Applied Materials, Inc., et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Professors of History and Law filed. VIDED.
- Aug 01 2022Brief amici curiae of Massachusetts et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Adm. Charles S. Abbot, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Black Women Law Scholars filed. VIDED.
- Aug 01 2022Brief amici curiae of Individual Scientists filed. VIDED.
- Aug 01 2022Brief amici curiae of Faith Organizations, et al. filed. VIDED.
- Aug 01 2022Amicus brief of National Education Association et al. not accepted for filing. (Corrected version submitted - Aug. 10, 2022.)
- Aug 01 2022Brief amici curiae of National Education Association, et al. filed. VIDED.
- Aug 01 2022Brief amici curiae of Empirical Scholars filed. VIDED.
- Aug 01 2022Amicus brief of Youth Advocates and Experts on Educational Access not accepted for filing. (Corrected version submitted - Aug. 16, 2022.)
- Aug 01 2022Brief amici curiae of Youth Advocates and Experts on Educational Access filed. VIDED. (Aug. 11, 2022)
- Jul 29 2022Brief amici curiae of 25 Diverse, California-Focused Bar Associations, et al. filed. VIDED.
- Jul 29 2022Brief amicus curiae of The Council of the Great City Schools filed. VIDED.
- Jul 29 2022Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.
- Jul 29 2022Brief amicus curiae of HR Policy Association filed. VIDED.
- Jul 28 2022Brief amici curiae of Association of American Medical Colleges, et al. filed. VIDED.
- Jul 27 2022Amicus brief of Human Rights Advocates, et al. not accepted for filing. (August 31, 2022--Corrected brief and PDF submitted.)
- Jul 27 2022Brief amici curiae of Human Rights Advocates, et al. filed. VIDED. (Aug. 3, 2022)
- Jul 25 2022Brief of University Respondents filed.
- Jul 25 2022Brief of Respondent-Students Cecilia Polanco, et al. filed.
- Jul 25 2022Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc. & National Association for the Advancement of Colored People filed.
- Jul 22 2022This case is no longer consolidated with No. 20-1199, Students for Fair Admissions v. President and Fellows of Harvard, and one hour is allotted for oral argument.
- Jan 24 2022Petition for a writ of certiorari before judgment GRANTED. The petition for a writ of certiorari in No. 20-1199 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Jan 24 2022Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1199. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1199. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Dec 23 2021Reply of petitioner Students for Fair Admissions, Inc. filed. (Distributed)
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 20 2021Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
- Dec 20 2021Brief of respondents Cecilia Polanco, et al. in opposition filed. (Distributed)
- Dec 20 2021Brief of respondents University respondents in opposition filed. (Distributed)
- Dec 15 2021Brief amicus curiae of Liberty Justice Center filed.
- Dec 15 2021Brief amici curiae of Asian American Coalition for Education and the Asian American Legal Foundation filed.
- Dec 15 2021Brief amici curiae of Speech First and Southeastern Legal Foundation filed.
- Dec 15 2021Brief amicus curiae of Cato Institute filed.
- Dec 15 2021Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
- Dec 15 2021Brief amici curiae of Oklahoma, et al. filed.
- Dec 14 2021Brief amici curiae of Former Federal Officials of the Department of Education's Office for Civil Rights filed.
- Dec 14 2021Brief amici curiae of Pacific Legal Foundation, et al. filed.
- Dec 14 2021Brief amicus curiae of National Association of Scholars filed.
- Dec 13 2021Brief amicus curiae of Professor David Bernstein filed.
- Dec 08 2021Brief amicus curiae of Californians for Equal Rights Foundation filed.
- Nov 22 2021The motion of The University of North Carolina, et al. to extend the time to file a response is granted in part, and the time is extended to and including December 20, 2021.
- Nov 22 2021The motion of Cecilia Polanco, et al. to extend the time to file a response is granted in part, and the time is extended to and including December 20, 2021.
- Nov 19 2021Motion of Cecilia Polanco, et al. to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
- Nov 19 2021Response to motion to expedite from respondent Cecilia Polanco, et al. filed.
- Nov 19 2021Reply in Support of Motion to Expedite and Opposition to Motions for an Extension filed.
- Nov 18 2021Motion of The University of North Carolina et al. to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
- Nov 18 2021Response to motion to expedite from respondent The University of North Carolina et al. filed.
- Nov 11 2021Petition for a writ of certiorari before judgment filed. (Response due December 15, 2021)
- Nov 11 2021Motion to expedite briefing of the petition for a writ of certiorari before judgment filed by petitioner Students for Fair Admissions, Inc.