1964 Civil Right Aact Title VI of that law contains terms as powerful as they are easy to understand: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

"Now put these pieces back together and a clear rule emerges. Title VI prohibits a recipient of federal funds from intentionally treating one person worse than another similarly situated person because of his race, color, or national origin. It does not matter if the recipient can point to “some other . . . factor” that contributed to its decision to disfavor that individual. Id., at ___–___ (slip op., at 14–15). It does not matter if the recipient discriminates in order to advance some further benign “intention” or “motivation.” Nor does it matter if the recipient discriminates against an individual member of a protected class with the idea that doing so might “favor” the interests of that “class” as a whole or otherwise “promot[e] equality at the group level.” Bostock, 590 U. S., at ___, ___ (slip op., at 13, 15). Title VI prohibits a recipient of federal funds from intentionally treating any individual worse even in part because of his race, color, or national origin and without regard to any other reason or motive the recipient might assert. Without question, Congress in 1964 could have taken the law in various directions. But to safeguard the civil rights of all Americans, Congress chose a simple and profound rule. One holding that a recipient of federal funds may never discriminate based on race, color, or national origin—period.  -Justice  Gorsuch concuring SCOTUS decision.

Applying Title VI to the cases now before us, the result is plain. The parties debate certain details of Harvard’s and UNC’s admissions practices. But no one disputes that both universities operate “program[s] or activities] receiving Federal financial assistance.” §2000d. No one questions that both institutions consult race when making their admissions decisions. And no one can doubt that both schools intentionally treat some applicants worse than others at least in part because of their race.