Client Alert: Affirmative Action: What Did We Learn from the Oral Argument and What’s Next?

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Yesterday, the US Supreme Court heard oral argument in two cases—Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina—concerning the consideration of race in college admissions. Students for Fair Admissions (SFFA), the petitioner in both cases, argued that Harvard College and the University of North Carolina (UNC) engage in racial discrimination against Asian-American applicants. The cases present the Court with the question of whether to overrule Grutter and other precedents permitting the consideration of race in admissions for the purposes of furthering student body diversity. If the Court were to do so, it would represent a sea-change for university admissions policies.

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