14th Amendment and Private Affirmative Action

[AmNat]

Obviously, I fully support the Supreme Court banning race-based affirmative action, but does anyone know why they're applying the 14th Amendment to Harvard, a nominally private institution? Neither the opinion nor the dissents addressed this as far as I could tell.

 

[Grizzly Adams]

Obviously, I fully support the Supreme Court banning race-based affirmative action, but does anyone know why they're applying the 14th Amendment to Harvard, a nominally private institution? Neither the opinion nor the dissents addressed this as far as I could tell.

Because it accepts federal funds. A condition of these funds is abiding by civil rights laws.

 

[AmNat]

Because it accepts federal funds. A condition of these funds is abiding by civil rights laws.

I know that. But the court held that Harvard's policy violated the 14th Amendment. The court's opinion only mentions the Civil Rights Act once, while explaining the arguments made by the plaintiffs when initially filing the lawsuit.

 

[BlueTex]

Because it accepts federal funds. A condition of these funds is abiding by civil rights laws.

The 14th amendment is not a civil rights law

 

[Citizen]

Obviously, I fully support the Supreme Court banning race-based affirmative action, but does anyone know why they're applying the 14th Amendment to Harvard, a nominally private institution? Neither the opinion nor the dissents addressed this as far as I could tell.

Good point. That crossed my mind as well

 

[Grizzly Adams]

I know that. But the court held that Harvard's policy violated the 14th Amendment. The court's opinion only mentions the Civil Rights Act once, while explaining the arguments made by the plaintiffs when initially filing the lawsuit.

The 14th amendment is not a civil rights law

Good point. That crossed my mind as well

Footnote 2, page 6 of the opinion describes that conduct that violates the Equal Protection Clause of the 14th endment committed by an entity that receives federal funds is a violation of the Civil Rights Act.