Activists in support of affirmative action gather outside the U.S. Supreme Court in 2023. (Eric Lee for The Washington Post via Getty Images)
This page was last updated on April 18, 2024
The U.S. Supreme Court last year issued landmark decisions in two cases — Students for Fair Admissions v. Harvard, and Students for Fair Admissions v. University of North Carolina — that effectively banned affirmative action in higher education. The decisions, alongside additional threats of litigation from opponents of racial justice, have left charitable organizations uncertain about how best to support racial equity — and led some to pull back from commitments they have made.
The Hewlett Foundation stands firm in our commitment to advancing racial equity and justice. Read our statement on the Supreme Court’s ruling, as well as the joint statement that we co-signed with dozens of other philanthropies.
We are also sharing resources from grantees, partners, and others who represent a range of perspectives and different expertise to help charitable organizations continue to work toward a better world where everyone has a meaningful opportunity to thrive. By offering these resources, we hope to help inform foundations and nonprofits so that, together, we can identify the best paths forward.
Thank you to all the organizations that have shared these resources.
Resources
Below are resources shared with the Hewlett Foundation for those who are advancing racial justice and have questions about the implications of the recent decisions. These do not constitute legal counsel, and we would encourage organizations to contact their own legal representation.
If you are a Hewlett grantee and have questions, please contact your program officer about additional resources that may be available to you.
Arnold and Porter
This blog post provides an in-depth overview of the history of affirmative action, the possible implications of the legal decisions, and recommendations for how universities might continue to build a diverse student body.
Morgan Lewis
This blog post provides a legal perspective on the potential implications of the decisions for diversity, equity, and inclusion (DEI) and environmental, social, and governance (ESG) initiatives in other spaces, such as employment, contracting, investing and lending, and charitable giving.
Public Equity Group
In an explainer, the Public Equity Group examines how the Supreme Court’s decision could impact the workplace and provides recommendations on what organizations can do to protect diversity programs.
The Opportunity Agenda
In their “Tips for Talking About Affirmative Action Cases” memo, The Opportunity Agenda shares communications advice intended to help mobilize supporters of diversity and equal opportunity while persuading undecided audiences. This messaging guidance is based on opinion and media research as well as practical experience from around the country.
Hewlett will regularly update this page. Please contact Edit Ruano (eruano@hewlett.org) if you have a resource that you would like us to include.
