Affirmative action at the Supreme Court

These two cases will be argued Monday 10/31/22

- Students for Fair Admissions, Inc. v. University of North Carolina.

- Students for Fair Admissions Inc. v. President & Fellows of Harvard College.

From Oyez: 

Facts of the case

Petitioner Students for Fair Admissions (SFFA) sued Harvard College over its admissions process, alleging that the process violates Title VI of the Civil Rights Act of 1964 by discriminating against Asian American applicants in favor of white applicants. Harvard admits that it uses race as one of many factors in its admissions process but argues that its process adheres to the requirements for race-based admissions outlined in the Supreme Court’s decision in Grutter v. Bollinger.

After a 15-day bench trial, the district court issued a detailed opinion in favor of Harvard. SFFA appealed, and the U.S. Court of Appeals for the First Circuit affirmed.

The case was originally consolidated for oral argument with a similar case challenging the admissions policies at the University of North Carolina under the Fourteenth Amendment of the Constitution, but the Court severed the cases.

Question

- May institutions of higher education use race as a factor in admissions?

- If so, does Harvard College’s race-conscious admissions process violate Title VI of the Civil Rights Act of 1964?

What is Students for Fair Admissions?

Who is Edmund Blum? 

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SFFA v UNC

- Petition for a writ of certiorari before judgment filed. 

- Brief of respondents Cecilia Polanco, et al. in opposition filed. 

- Brief of respondents University respondents in opposition filed. 

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