Following the Supreme Court's decision to deem race-based affirmative action unconstitutional in college admissions, Senator JD Vance has taken action. He sent letters to ten universities, including all Ivy League schools, demanding they preserve their communications following what he perceives as "open hostility" toward the ruling. The Senator's letter highlights the Court's instruction to uphold the spirit, not just the letter, of the law, preventing universities from recreating disallowed practices through application essays or other methods.

Senator Vance expressed concern over statements made by university presidents after the ruling, which he interpreted as signaling an intent to circumvent the decision. He cited examples such as Princeton President Christopher Eisgruber's disappointment and vow to pursue diversity despite the restrictions, and Oberlin President Twillie Ambar's sadness and renewed commitment to celebrating diversity. Vance also quoted Harvard President Lawrence Bacow’s reaffirmation of the importance of diversity in their learning environment, despite the court’s ruling against their previous admissions system. The Senator warned against "unstated affirmative action," where race might be a hidden factor in admissions decisions, even under oath.

Drawing a parallel to the resistance following the Brown v. Board of Education decision, Vance warned of potential consequences if universities defy the Supreme Court. He emphasized the Senate's readiness to investigate any attempts to bypass the ruling and advised the universities to retain all relevant documents, including digital communications and demographic data, citing federal laws against destroying records related to federal investigations. Senator Vance also posed several questions to the university presidents, including how they will ensure compliance with the ruling and preserve records.

Initial responses from the universities have been varied. Harvard pointed to their post-ruling statement affirming compliance with the decision, while Oberlin stated they are reviewing the decision and will comply while maintaining their commitment to diversity. Other universities have yet to respond.