The Supreme Court today held that universities may no longer engage in race-conscious student admissions, ruling that race-conscious admissions practices violate the Equal Protection Clause of the Fourteenth Amendment. While Vermont Law and Graduate School is a private institution, the Supreme Court’s decision is binding on VLGS, as it was binding directly on Harvard, because VLGS must comply with Title VI of the Civil Rights Act of 1964, which has been interpreted as imposing the same legal obligations as the Fourteenth Amendment. VLGS will of course comply with the Court’s opinion, as it is now the law of the land.

Two important passages in the Court’s opinion are worth highlighting. The Court stated: “At the same time, as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicant's discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.” Amplifying this point, the Court then explained: “A benefit to a student who overcame racial discrimination, for example, must be tied to that student's  courage and determination. Or a benefit to a student whose heritage or culture motivated him or her to assume a leadership role or attain a particular goal must be tied to that student's  unique ability to contribute to the university.” In other words, the student must be treated based on his or her experiences as an individual—not on the basis of race.

Consistent with these observations from the Court, VLGS will, going forward, consider how identity in all its manifestations, including race, ethnicity, national origin, gender identity, or sexual orientation, among others, have affected an applicant’s life—in the words of the Court, “through discrimination, inspiration, or otherwise.” Schools may no longer treat race as such as a factor in admissions. Yet schools are permitted to listen to any applicant’s discussion of any aspect of an applicant’s identity, for what it reveals about that applicant’s character and future promise. That is precisely what VLGS will do.

Finally, nothing in the Supreme Court’s opinion should be construed to restrict in any way a school’s ongoing efforts to enhance values of diversity, equity, and inclusion for all those who comprise the school community, including all students, faculty, and staff. We remain unfettered and undeterred in our resolve to continually advance our mission of ensuring that we are welcoming, safe, and inclusive to all members of our community.

Rod Smolla
President
Vermont Law and Graduate School