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.”
Oct 31st: Listen In and Analysis Opportunities
Harvard hosts live streaming arguments and a community discussion for Harvard Affiliates Only. Manhattan Institute hosts post-argument analysis.
Racial Preferences Harm Their Beneficiaries, Too
Riley argues that proponents of affirmative action are ignoring the detrimental impact of the practice on those it purports to help.
FAIR Advisor McWhorter: Stop Making Asians Pay the Price for Campus Diversity
Ahead of the SCOTUS oral arguments, FAIR Advisor and Columbia University professor John McWhorter argues that “students of Asian descent have every right to feel discriminated against,” that “diversity is a thin justification for treating applicants differently” and that “folks, it’s time” to end racial preferences in admissions.
Aug ‘22 Case Coverage
A selection of August 2022 articles of interest on the admissions case.
Harvard files brief with Supreme Court in admissions case
Harvard filed its brief with the Supreme Court in the SFFA v. Harvard case. According to the Gazette, “Harvard forcefully defended its compelling interest in pursuing the benefits of student-body diversity and the consideration of race as one factor among many… The filing is the latest round in the University’s eight-year battle to defend race-conscious admissions.” Bacow stressed that diversity is “central to fulfilling Harvard’s educational mission.”
Supreme Court to Hear Harvard, UNC Affirmative Action Cases Separately
SCOTUS has decided to split the UNC and Harvard cases instead of hearing them together this fall. As the Crimson and other outlets report, the change “will allow newly seated Justice Ketanji Brown Jackson ’92 to rule on the UNC case.”
This Land Was Made for You and MENA
In mid-June, the administration announced that it will consider adding a Middle East and North African (MENA) category to the U.S. Census. Lind’s article goes into potential implications, including on university affirmative action policies—“expect the MENA quota for university admissions, faculty posts…to become a ceiling for Jewish and Arab Americans, not a floor.”
Affirmative Action Reconsidered
Mene Ukueberuwa is joined by Gail Heriot, Devon Westhill and Kenny Xu to explore questions on affirmative action: “What is the track record of racial preferences? Do they benefit the black poor, as proponents claim? Do they stigmatize beneficiaries? Are there alternative ways of addressing black underrepresentation at elite schools and in white-collar professions? How should the Supreme Court decide the discrimination case filed by Asian students against Harvard?
Harvard Needs Merit-Based Admissions
Alan Dershowitz, a professor emeritus at HLS, argues that a SCOTUS decision against affirmative action in favor of meritocracy could be the impetus for ensuring true diversity on campus.
A Harvard Without Affirmative Action?
In this long-form piece, the authors detail the impact of a potential ruling against use of racial preferences in admissions, including race-neutral admissions alternatives.
As Affirmative Action Decision Looms, Colleges Look for Alternative Ways to Achieve Diversity
Higher ed leaders have begun to strategize how they will retain race-based diversity without racial preferences.
Alan Dershowitz: Time to End Racial Preferences in Admissions
The Dersh Show
In this podcast/video, HLS Professor of Law Emeritus, Alan Dershowitz, argues for the end of racial preferences and the enormous opportunity it would provide for a deeper level of diversity.
FAIR Files Amicus Brief Supporting SFFA
The Foundation Against Intolerance and Racism filed an amicus brief supporting the petitioners (SFFA) in SFFA v. Harvard. Worth reading in full, the brief applies FAIR’s core principles to what’s at stake in substituting the collective for the individual.
The Education Exchange: How Race Factors into College Admissions
Expert witness Peter Arcidiacono, Duke University Economics professor, previews the affirmative action cases and a study he co-authored entitled: “What the Students for Fair Admissions Cases Reveal About Racial Preferences.”
Americans for Merit-Based Admissions
A new Pew Center Research poll shows Americans want decisions in college admissions and hiring based on merit, not race. Results come before SCOTUS is set to hear SFFA v. Harvard in its fall term.
Diversity Is Not Enough: Collective Intelligence Requires Diversity and Disagreement
In this episode, Jack Rausch and Temple’s Ravi Kudesia “explore a concept revered by many and challenged by few in higher education—the value of diversity.”
What Comes After Meritocracy?
In this piece, Steven Brint foresees SCOTUS ruling against affirmative action, standardized testing being eliminated, and attempts to “replace it with more representative systems” falling short. As a remedy, he argues for a “civocracy” in which classrooms are populated with more students interested in bettering society.
As Supreme Court Hearing Approaches, Harvard's Lead Lawyers Reflect on Time at the College
In this piece, lead attorneys in the SFFA v. Harvard case William F. Lee ’72 and Seth P. Waxman ’73 reflect on their time at Harvard when its “admissions process evolved to consider race as a factor, becoming a model that was subsequently copied nationwide.”