May 24, 2023

MTO Prepares Memorandum for Charitable Foundations and Nonprofits Addressing the Potential Consequences of the Supreme Court’s Upcoming Decisions on Considering Race in College Admissions

In anticipation of the Supreme Court’s upcoming decisions in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, Munger, Tolles & Olson was approached by the Hewlett Foundation to prepare a memorandum preliminarily addressing what implications, if any, the Supreme Court’s decisions in these two cases may have for charitable foundations and nonprofits.

The memorandum sets forth three potential outcomes in the SFFA cases and walks through the implications of each for the diversity, equity, and inclusion efforts in which charitable foundations and nonprofits presently engage.   

The MTO team who authored the memorandum included Don Verrilli, Ginger Anders and April Hu.

Read the memorandum.