Legal Experts Discuss Race-Conscious Admissions and Equal Protection After SFFA v. Harvard at HLS Event

The Crimson

In a March 1st 2023 discussion hosted by the Harvard Federalist Society, panelists discussed the SFFA v Harvard case and whether Harvard will prevail. While all panelists agreed that Harvard “should” prevail, “panelists Guy-Uriel Charles and Jonathan F. Mitchell, as well as Harvard law professor Jeannie C. Suk Gersen [member of the Academic Freedom Alliance’s Legal Advisory Council]— who moderated the event — agreed that they believe SFFA will prevail.”

According to the Crimson, Gerson, a founding member of AFA, spoke to broader questions around equal protetion. “I think that the underlying question of, what kind of society we want to have, what our commitment to equality is — what does that really look like?”

Among other points, Charles noted that “an important point in this debate is determining which institutions should make decisions that affect minority groups.”

An HLS student is quoted as saying that he “enjoyed the broader discussion about legal realism versus legal formalism… a lively discussion between students at the Law School and in the profession generally.”

Read the Article

Related: Professors Halley and Gersen help lead Academic Freedom Alliance (Harvard Law Today 12/6/22)

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