Affirmative Action + the Social Impact Sector

The US Supreme Court has ended one of the United States most effective social justice policies by striking down race-based affirmative action in higher education on Thursday, June 29, 2023. This highly anticipated and controversial decision on Students for Fair Admissions v. Harvard University and Students for Fair Admissions v. University of North Carolina, could have far-reaching effects beyond institutions of higher learning. This ruling could influence the policies and practices of the social impact sector, public funding, nonprofit employers, grantmaking guidelines, and more.

As an institution committed to advancing racial equity in Illinois, Forefront will work with other sector leaders and legal experts in the coming months to educate stakeholders about next steps. Most importantly, Forefront affirms our commitment to advancing racial equity and supporting others in their efforts to do the same. We will not go backward and the work will continue.

The Lawyers Committee for Civil Rights Under Law (LCCRUL) on What Colleges and Universities Can Do

Letter to colleges and universities on what the decisions actually mean for what institutions are and are not allowed to do in their admissions practices

Chronicle of Philanthropy Forum on Impact on Nonprofits and Foundations

Webinar about how the Supreme Court decision on race and affirmative action will impact nonprofits and foundations.

Council on Foundations and Independent Sector Webinar on Impact on Nonprofits and Foundation

The Council on Foundations and Independent Sector invited legal experts to a webinar about how the decision will impact foundations and nonprofits.

Council on Foundations Legal Resources Center

The Council on Foundations has compiled a set of resources on the decision.

United Philanthropy Forum Briefing on Affirmative Action

In the wake of the decision, the Forum hosted a briefing with the Association of Black Foundation Executives, and put together philanthropy responses to the affirmative action case.

Partnership for College Completion Report on Racial Diversity On Campus After Affirmative Action

The Partnership for College Completion has published a report and hosted a conversation on the impacts of the decisions on racial diversity on college campuses.

Morgan Lewis on Affirmative Action Decision’s Impact on DEI and ESG

Emily Cueno DeSmedt of Morgan Lewis assesses the legal landscape for DEI and ESG programs in the wake of the Affirmative Action decision.

Council on Foundations and Independent Sector Amicus Brief in Fearless Foundation Case

Council on Foundations and Independent Sector have filed an amicus brief in American Alliance for Equal Rights v. Fearless Fund et. al., a case attempting to apply the Students for Fair Admissions decision to philanthropy.

The Lawyer’s Committee for Civil Rights Under the Law (LCCRUL), Asian Americans Advancing Justice (AAAJ), and the NAACP Legal Defense Fund (LDF)

Co-written three page paper that includes four key points the social impact sector must consider regarding what is at stake and what is not on the Supreme Court’s upcoming decision on affirmative action.

The LCCRUL, AAAJ, Asian American Legal Defense and Education Fund, LatinoJustice PRLDEF, and the NAACP LDF

Co-written memo that takes an in-depth look at Affirmative Action in higher education, outlines the legal landscape in which the decisions will be situated, and provides context to interpret their reach and impact.

The Board’s Role in Adopting and Overseeing an Organization’s Approach to Race-Conscious and Race-Exclusive Activities and How Counsel Can Help

Joshua Mintz, Vice President, General Counsel, and Secretary, John D. and Catherine T. MacArthur Foundation, written resource for approaching race conscious and race-exclusive activities.

For questions regarding the recent decision, email Forefront’s Public Policy team.