The Case: News
Updates and voices on racial preferences in admissions, affirmative action, and the case.
For Background and Materials, See The Case: Key Documents and Background
The Decision
HELD: Harvard’s and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment.
“…The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points. We have never permitted admissions programs to work in that way, and we will not do so today.
At the same time, as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise…
[However], universities may not simply establish through application essays or other means the regime we hold unlawful today… In other words, the student must be treated based on his or her experiences as an individual not on the basis of race.
Many universities have for too long done just the opposite. And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin.
Our constitutional history does not tolerate that choice.”
MIT Leads the Way in Reinstating the SAT
Jason Riley hails MIT’s decision to reinstate standardized test requirements for admissions but warns that continued use of racial preferences will compromise MIT’s standing and, eventually, U.S. competitiveness.
MIT Reversed Its Position on the SAT. How About Racial Preferences Next?
An MIT alum applauds MIT’s reinstatement of standardized test admission requirements but bemoans the fact that “the school has not done anything to end the racially discriminatory admissions policies it implemented in the 1990s.”
Does affirmative action help or hurt people of color?
In the FAIR Perspectives podcast episode People are People, Dr. Marilyn Singleton discusses affirmative action.
Jackson Vows to Recuse From Harvard Race-Based Admissions Case
“Potential conflicts abound in the litigation against Harvard.”
Diversity Smokescreen
The authors explore the use of diversity goals to justify race-conscious admissions, claiming that arguments for diversity are a smokescreen for reparations.
Keep Your Discrimination Quiet
VerBruggen argues that even if SCOTUS bans affirmative action, he thinks colleges "will find ways...to produce the desired demographic result, or by giving admissions officers the discretion to produce that result through the sum of many small decisions."
Asian-Americans Fight Back Against School Discrimination
Jason Riley draws a straight line from selective high schools to Harvard, citing backlash in San Francisco, New York and Virginia to admissions policies that "try to undo history by favoring some groups over others.”
The Problem with Racial Preferences
Glenn Loury and John McWhorter discuss meritocracy vs. diversity, what's lost when we focus on racial preferences, and the possibility of "re-segregation" if SCOTUS shuts down affirmative action.
Affirmative Action Isn’t Perfect. Should We Keep it Anyway?
In this debate between FAIR Advisor Ian Rowe (MBA ‘93) and Natash Warikoo, Rowe argues that affirmative action is "a back end Band-Aid" and that substandard K-12 education is the real issue.
Court should reject the flawed diversity theory
lya Somin argues that SCOTUS “should make clear that anti-Asian discrimination is no different from that against other groups.”
“It is not clear how discrimination against one set of members of a racial group can be remedied by discrimination in favor of an entirely different set of people years later, whose only connection to the victims is that they are members of the same race.”
It’s Time to End Race-Based Affirmative Action
FAIR Advisor and Columbia professor John McWhorter speaks of his daughters, “shudder[ing]…at the thought of…[an] admissions committee…finding their being biracial…the most interesting thing about them. Or even, frankly, interesting at all.”
How Universities Will Sidestep SCOTUS on Affirmative Action
Harvard alum Charles Lipsom (AM ‘74 PhD ‘76) argues that “[universities] have no intention of snoozing if the Supreme Court rules their current admissions policies are illegal.”
It’s Time for an Honest Conversation About Affirmative Action
Caspian Kang claims that "when you apply the normative definition of discrimination...the evidence against Harvard…is, frankly, overwhelming." He also asks, "who, exactly, constitutes the Black and Latino student populations," raises the issue of wealth disparities, and notes how a demonstrated commitment to one's ethnicity among minority applicants positively impacts admission.
Richard Epstein on the Admissions Case
In discussing the upcoming case, Epstein is forthright in his assessment: "Harvard...thinks that it should do whatever it wants because it's one of these regnant institutions...[but] their evidentiary record was simply terrible on this."
Future of Affirmative Action in Doubt
Provides legal experts' opinions on the case. If SFFA prevails, Lawrence Tribe (HLS '62) predicts that “universities as intelligent as Harvard will find ways of dealing with the decision [against them] without radically altering their composition, but they will have to be more subtle...”
An Affirmative Action End Game?
Provides a brief summary of the case and legal precedent, arguing that “the time for a change in direction is long overdue.”
A Chance to Remove Race From College Admissions
Riley writes that racial preferences “are not only legally dubious but counterproductive.” He also argues that schools have gone too far—instead of race being “one of several factors…it has become a major factor.”
Will the justices end race-based affirmative action?
Alan Dershowitz (HLS professor emeritus) reviews how the justices will vote and what factors they may take into account. He also discusses the idea of evading the ruling, if a “floor” for some groups necessitates a ceiling for others, and the opportunity a ruling against affirmative action could bring.
Race, Harvard and the Supreme Court
The WSJ Editorial Board argues that the case is “a chance for the court to correct its own mistakes” and return to “Chief Justice Roberts’s formulation in a 2007 case: ‘The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
Glenn Loury on the Ethics of Affirmative Action in Higher Education
Glenn Loury delivers what he later calls his affirmative action “amicus brief” in an impassioned talk at Holy Cross in 2019.