Introduction
Yesterday, the Supreme Court agreed to hear a pair of cases asking the Court to overrule its precedents governing the consideration of race in college admissions. One case concerns admissions at Harvard College, and the other concerns admissions at the University of North Carolina. In both cases, the petitioner, Students for Fair Admissions (SFFA), alleged that the university engaged in racial discrimination against Asian-American applicants. And in each case, the lower courts rejected those claims after a full trial. SFFA petitioned for certiorari and asked the Court to reconsider and overrule its key precedent, Grutter v. Bollinger, 539 U.S. 306 (2003), which permits universities to consider race as one factor among many in a holistic admissions evaluation. The grant suggests that the Court is willing to reconsider its precedents in this area, and it may result in additional limitations or an outright prohibition on the consideration of race in college admissions. The cases will likely be argued in the fall, and a decision is expected by the end of June 2023.
Background
The Supreme Court's grant of certiorari marks the latest development in a seven-year dispute between SFFA and Harvard College. In 2014, the non-profit group filed a lawsuit in federal court, alleging that Harvard's policies violate Title VI by intentionally discriminating against Asian Americans through its use of race as a factor in admissions.1 In ruling for Harvard on all counts, a federal district court determined that Harvard's admissions policy was consistent with Supreme Court precedent and advanced the college's fundamental interest in diversity. Specifically, the court held that "[t]he evidence at trial was clear that a heterogeneous student body promotes a more robust...
