> the Supreme Court's decision that Harvard's use of affirmative-action criteria in admissions was unconstitutional. No such decision exists. Harvard's discrim

> the Supreme Court's decision that Harvard's use of affirmative-action criteria in admissions was unconstitutional. No such decision exists. Harvard's discrimination cannot be unconstitutional because it isn't a government entity. Instead, it violated Title VI of the Civil Rights Act. The confusion is caused by the fact that the Supreme Court, in SFFA v. Harvard, analyzed Harvard's actions in line with the Equal Protection Clause. But that is because the Supreme Court previously "ha[d] explained that discrimination that violates the Equal Protection Clause of the Fourteenth Amendment committed by an institution that accepts federal funds also constitutes a violation of Title VI." Students for Fair Admission, Inc. v. President and Fellows of Harvard College, No. 20–1199, Slip. Op. at 6, n. 2 (citing Gratz v. Bollinger, 539 U. S. 244, 276, n. 23 (2003), internal quotation marks omitted).