Is the executive branch obligated to enforce the Supreme Court&#39;s decision on affirmative action?
<p>The Supreme Court ruled, on June 29, 2023, that under Title VI of the Civil Rights Act of 1964, universities are obligated to treat all applicants fairly and not discriminate on the basis of race. Does this compel the executive branch to actually implement the ruling in practice? I.e. could the Biden administration declare that they’ll ignore all affirmative action related violations and not take away funding from any institutions that engage in such practices?</p>
<p>As a related example, marijuana is illegal in the US but this doesn’t mean that the government is forced to prosecute anyone for selling weed. Could a similar policy apply to colleges?</p>

<p>The judgment in <em>Students for Fair Admissions Inc. v. President and Fellow of Harvard College</em>, <a href="https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf" rel="noreferrer">600 U.S. ___ (2023)</a> was in relation to relief sought by the plaintiffs against Harvard and University of North Carolina.</p>
<p>This is more apparent by reading the judgments below. See e.g. <a href="https://casetext.com/case/students-for-fair-admissions-v-president-of-harvard-coll" rel="noreferrer">397 F. Supp. 3d 126 (D. Mass. 2019)</a>. SFFA seeks &quot;declaratory judgment, injunctive relief, attorneys' fees, and costs&quot; against the defendant &quot;President and Fellows of Harvard College (Harvard Corporation).&quot; SFFA sought the same remedies against University of North Carolina: <a href="https://casetext.com/case/students-for-fair-admissions-inc-v-university-of-north-carolina" rel="noreferrer">567 F. Supp. 3d 580 (M.D.N.C. 2021)</a>.</p>
<p>Thus, there is no order against the federal executive. The federal executive can continue providing funding. It is Harvard and U.N.C. that are enjoined.</p>

<p>There is a private cause of action to enforce Title VI which is how the cases in question came up in the first place. It isn't enforced solely, or even primarily, by the executive branch.</p>

united-states