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.

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“…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.”

FAIR Harvard Alumni+ FAIR Harvard Alumni+

Diversity Smokescreen

City Journal

The authors explore the use of diversity goals to justify race-conscious admissions, claiming that arguments for diversity are a smokescreen for reparations.

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Keep Your Discrimination Quiet

City Journal

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."

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FAIR Harvard Alumni+ FAIR Harvard Alumni+

The Problem with Racial Preferences

The Glenn Show

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.

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Court should reject the flawed diversity theory

Boston Globe

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.”

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It’s Time to End Race-Based Affirmative Action

New York Times

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.”

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It’s Time for an Honest Conversation About Affirmative Action

New York Times

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.

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Richard Epstein on the Admissions Case

Reasonable Disagreements

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."

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Rebecca Ribaudo Rebecca Ribaudo

Future of Affirmative Action in Doubt

The Crimson

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...”

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Will the justices end race-based affirmative action?

The Hill

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.

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Race, Harvard and the Supreme Court

Wall Street Journal

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.”

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