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18 - SFFA v. Harvard (Affirmative Action)

from Part VIII - Outsiders v. Outsiders

Published online by Cambridge University Press:  10 March 2022

Roy L. Brooks
Affiliation:
University of San Diego School of Law
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Summary

In Grutter v. Bollinger, the Supreme Court’s pivotal 2003 affirmative action case, the Court referred to Harvard’s admissions program as an example of a constitutional race-conscious program. Eleven years later, a nonprofit organization sued the President and Fellows of Harvard College, challenging the constitutionality of the very same program. The plaintiff, Students for Fair Admissions, Inc. (SFFA), is comprised of more than “20,000 students, parents, and others who believe that racial classifications and preferences in college admissions are unfair, unnecessary, and unconstitutional.” SFFA alleged that Harvard violated Title VI of the Civil Rights Act of 1964 by discriminating against Asian American applicants in its undergraduate admissions process. Ironically, the race-conscious admissions program that colleges and universities had emulated for years could well become the one that brings down all race-conscious admission programs.

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Chapter
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Diversity Judgments
Democratizing Judicial Legitimacy
, pp. 427 - 456
Publisher: Cambridge University Press
Print publication year: 2022

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