The Legal Network

The Supreme Court’s 2023 decision banning affirmative action in college admissions has left a seismic impact on diversity at elite institutions, with Harvard Law School now facing its lowest Black enrollment since the 1960s. Recent data from the American Bar Association (ABA) reveals a significant drop in the number of Black first-year law students at Harvard, plunging to just 19 students this fall from 43 the year before, a stark 3.4 percent of the class.

This decline is not just a reflection of policy changes but a visible marker of how the ruling has reshaped access to legal education. Harvard’s historic role in nurturing Black leaders, including Justice Ketanji Brown Jackson and former President Barack Obama, now faces a challenging chapter.

The decision in Students for Fair Admissions v. Harvard, which eliminated race as a factor in admissions, has had a chilling effect on prospective students. Harvard law professor David B. Wilkins highlighted the gravity of the situation, noting that this year’s enrollment represents the lowest in nearly 60 years. He attributed this decline to the barriers created by the Supreme Court’s ruling, which dismantled a system that aimed to level the playing field for underrepresented groups.

While other top law schools also reported decreases in Black and Hispanic enrollment, Harvard’s drop was particularly steep. For instance, Stanford University saw Black first-year enrollment nearly double, rising from 12 students to 23. Meanwhile, schools like the University of North Carolina (another defendant in the affirmative action cases) experienced more modest declines, signaling that the impact of the ruling varies significantly across institutions.

Some critics, such as UCLA law professor Richard Sander, argue that the decision could ultimately benefit students by placing them in environments where they are better matched to their academic credentials. Known for his controversial “mismatch” theory, Sander contends that students at less competitive schools often achieve higher grades and are more likely to pass the bar exam. Yet, this perspective is far from universally accepted, with many warning of long-term societal harm if the number of Black lawyers diminishes.

The ripple effects extend beyond Harvard. Nationwide, the ABA reported a slight overall increase in Black law school enrollment, rising from 2,969 students in 2023 to 3,060 in 2024. However, this increase includes students who may have been rejected by top-tier schools, creating a potential cascade effect where applicants move to less selective institutions. Critics note that while the aggregate numbers may appear stable, the concentration of diversity at elite schools is rapidly eroding.

Harvard’s leadership has acknowledged the decline but cautioned against drawing conclusions from a single year of data. A statement from the law school emphasized its commitment to fostering a diverse community while complying with legal requirements. However, this assurance does little to address the immediate implications of such a dramatic shift.

The decline also underscores broader challenges within the legal profession. Black representation in law has long been a critical issue, with fewer than 5 percent of attorneys nationwide identifying as Black. The drop in enrollment at elite schools threatens to exacerbate this disparity, potentially limiting the pipeline of Black lawyers who ascend to leadership roles in government, business, and academia.

Beyond the numbers, the emotional toll is palpable. Sean Wynn, president of the Harvard Black Law Students Association, described the decline as a “crushing loss,” emphasizing how the Supreme Court’s decision fundamentally altered the experience of attending one of the world’s most prestigious law schools.

The data also highlights a significant decline in Hispanic enrollment at Harvard Law, which fell from 11 percent of the class in 2023 to 6.9 percent this year. These declines coincide with an increase in white and Asian students, reflecting how the removal of affirmative action has shifted the demographic makeup of incoming classes.

While some argue that the ruling fosters meritocracy, others caution against oversimplifying the narrative. Diversity in legal education is not merely about representation; it is about preparing lawyers to navigate a complex and diverse society. As courts, corporations, and communities grapple with issues like systemic racism and equity, the perspectives of underrepresented groups are essential to shaping fair and effective policies.

As the nation debates the implications of affirmative action’s demise, institutions like Harvard must confront the challenge of preserving diversity within the constraints of new legal frameworks. Whether through targeted outreach, revised admissions strategies, or enhanced support for underrepresented students, the path forward demands bold and innovative solutions.

For now, the numbers tell a sobering story. The Supreme Court’s ruling has fundamentally reshaped the landscape of legal education, leaving schools like Harvard to navigate the fallout while aspiring lawyers from diverse backgrounds face an uncertain future. The stakes are high, not just for those directly affected but for the legal profession and society at large.