Kavanaugh defends the admissions ruling through Grutter's time limit
Brett KavanaughSupreme Court justice writing a concurrence
Kavanaugh argues that the ruling follows Grutter's 25-year expectation and its requirement that racial preferences be temporary.
“In light of the Constitution’s text, history, and precedent, the Court’s decision today appropriately respects and abides by Grutter’s explicit temporal limit on the use of race-based affirmative action in higher education.”
Original text
Where this statement fits
Was the Supreme Court right to reject Harvard and UNC's race-conscious admissions programs?
The Supreme Court invalidated Harvard's and UNC's challenged admissions programs on June 29, 2023. The majority said their use of race failed equal-protection requirements. The dissents argued that the decision misunderstood equality and would deepen racial inequality in education.
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Original text
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The majority, concurrences and dissents address the challenged admissions programs. Jackson participates only in the UNC case.
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He acknowledges continuing discrimination and its effects but argues that earlier precedent imposed a temporal limit.
After the quotation
He says governments and universities retain race-neutral ways to address disadvantage.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
His concurrence directly defends the challenged ruling. Acknowledging racial inequality does not make his evaluation of that ruling mixed.
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More from this case
Read the full caseJackson says legal colorblindness does not remove real inequality
“But deeming race irrelevant in law does not make it so in life.”Read statement
Sotomayor says the ruling entrenches racial inequality
“The Court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society. Because the Court’s opinion is not grounded in law or fact and contravenes the vision of equality embodied in the Fourteenth Amendment, I dissent.”Read statement
Supreme Court explains its rejection of Harvard and UNC's admissions programs
Supreme Court of the United States
“For the reasons provided above, the Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points. We have never permitted admissions programs to work in that way, and we will not do so today.”Read statement
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The Dispute Index. "Kavanaugh defends the admissions ruling through Grutter's time limit". First published: 2026-10-19. Last updated: 2026-10-19. https://disputeindex.com/events/6075-kavanaugh-argues-that-the-ruling-follows-grutter-s