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.”

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Pre-Case Coverage

Fall 2022 articles of interest in the run up to the admissions case.

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FAIR Advisor McWhorter: Stop Making Asians Pay the Price for Campus Diversity

New York Times

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.

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Harvard files brief with Supreme Court in admissions case

Harvard Gazette | Crimson

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.”

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This Land Was Made for You and MENA

Tablet

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.”

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Affirmative Action Reconsidered

Old Parkland Conference

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?

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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.

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Demystifying Harvard’s Admission Process

Video | Gazette | Crimson

Lead trial counsel William F. Lee ’72 recently sat down to discuss the SFFA v. Harvard admissions case and the Harvard admissions process with Chief DEI Officer Sherri Ann Charleston in a forum hosted by Harvard’s Office of Equity, Diversity, Inclusion and Belonging (EDIB).

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What Comes After Meritocracy?

The Chronicle

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.

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