News & Analysis as of June 1, 2025

Students for Fair Admissions v Harvard College

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The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

The U.S. Department of Education Issues Dear Colleague Letter: Clarifies Guidelines for Title VI Compliance

Warner Norcross + Judd on 2/19/2025

On Feb. 14, 2025, the U.S. Department of Education Office for Civil Rights issued a “Dear Colleague” Letter providing compliance guidelines to educational institutions receiving federal funding and subject to Title VI of the...more

Another Attack on Diversity and Inclusivity Efforts Post Students for Fair Admissions (SFFA) Supreme Court Decision

Partridge Snow & Hahn LLP on 1/30/2025

The American Alliance for Equal Rights (AAER) filed suit against McDonald’s in federal court over the corporation’s scholarship program for high school students of Hispanic and Latino descent, the Hispanic American Commitment...more

U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

Jackson Lewis P.C. on 8/29/2023

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more

Admissions After Affirmative Action: What’s Next in Higher Ed

Woods Rogers on 7/21/2023

In a landmark decision on June 29, 2023, the US Supreme Court ended decades of precedent by putting an end to affirmative action in university and college admissions. The public, prospective students, and especially higher...more

[Webinar] Post-SFFA Briefing: Risks and Strategies for Corporations after the Supreme Court’s Decision in Students for Fair...

Jenner & Block on 7/10/2023

Please join us for a briefing on the US Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA). In this webinar, Partners Ishan K. Bhabha and Lauren J. Hartz and Special Counsel Marcus A.R. Childress will...more

Supreme Court Ends Use of Race as a Factor in College Admissions

Bass, Berry & Sims PLC on 7/5/2023

In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the...more

The End of Affirmative Action?

McGlinchey Stafford on 7/3/2023

The Supreme Court’s decision was rendered in a pair of cases brought by a group called Students for Fair Admissions (SFFA) challenging the admissions policies of Harvard and the University of North Carolina. SFFA argued that...more

U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

Jackson Lewis P.C. on 6/30/2023

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more

After High Court’s Affirmative Action Rulings, Schools Must Review Admissions Policies

Fox Rothschild LLP on 6/30/2023

The pair of highly anticipated affirmative action decisions handed down by the U.S. Supreme Court this week will immediately affect admissions policies at institutions of higher education across the nation. Any institution...more

SCOTUS Strikes Down Affirmative Action

Warner Norcross + Judd on 6/30/2023

Today, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the United States Supreme Court declared that race-based college admissions systems, otherwise known as affirmative action, are...more

Supreme Court Blocks Use of Race in College Admissions

Bowditch & Dewey on 6/30/2023

Yesterday, the U.S. Supreme Court ruled that use of race in college and university admissions violates the Equal Protection Clause of the 14th Amendment. The decision, Students for Fair Admissions vs. President and Fellows of...more

Supreme Court Prohibits Consideration of Race in College Admissions

Husch Blackwell LLP on 6/30/2023

The Supreme Court of the United States issued a decision prohibiting direct consideration of race in college and university admissions. The Court held that the race-conscious admissions programs at Harvard University and the...more

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on 10/27/2022

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

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