In 1978, the Supreme Court of the United States established the constitutionality of affirmative action programs in higher education institutions. Since then, colleges and universities across the country have found themselves in the midst of many legal battles over the use of affirmative action programs and practices in student admissions. Most recently, the Supreme Court heard oral arguments in a pair of cases that argue for the end of race-based considerations in admissions decisions. The Court is likely to publish their decisions in these two cases, Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, sometime during the summer of 2023. These decisions are expected to narrow the permissibility of affirmative action programs, particularly in undergraduate admissions.

The U.S. Department of Education released guidance for higher education institutions on August 14, 2023. Join the Bricker Graydon Higher Education Team for an analysis of the federal guidance as well as an update on the national legislative and judicial landscape in the weeks since the SCOTUS decision.

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