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Supreme Court of the United States › Universities › Affirmative Action

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Davis Wright Tremaine LLP

New Administration Outlook: How Educational Institutions Can Navigate the Attack on DEI

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As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

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On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Saul Ewing LLP

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

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INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

Husch Blackwell LLP

U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement...

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On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more

Littler

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

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On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL...more

Woods Rogers

Dear Colleague: Watch Out

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In a tersely worded “Dear Colleague” letter dated February 14, 2025 (pdf), the U.S. Department of Education’s Office of Civil Rights (OCR) signaled its intent to combat “pervasive and repugnant race-based preferences and...more

Foley Hoag LLP

SFFA In The Courts: Where We Are Before the Administration Change

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It has been over a year since the Supreme Court issued its decision striking down Harvard’s and the University of North Carolina’s admissions policies in Students for Fair Admissions (“SFFA”) v. Harvard College and SFFA v....more

Bowditch & Dewey

Supreme Court Allows West Point to Continue to Use Race in Admissions (For Now)

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On June 29, 2023, admissions policies and practices of many higher ed institutions were forced to pivot when the U.S. Supreme Court ruled that using race to make admissions decisions violated the Equal Protection Clause of...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

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Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Fisher Phillips

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

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Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

Patterson Belknap Webb & Tyler LLP

Biden Administration Provides Guidance to Colleges and Universities Following SFFA

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On August 14, 2023, the Biden Administration's Civil Rights Division of the U.S. Department of Justice ("DOJ") and the Office for Civil Rights of the U.S. Department of Education ("DOE") jointly issued two pieces of guidance...more

Bricker Graydon LLP

[Webinar] Post-Students for Fair Admissions Era: Analysis of the Current Climate & Federal Guidance (Higher Education) - August...

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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...more

Jenner & Block

Client Alert: Biden Administration Releases Anticipated Guidance on College Admissions After Supreme Court’s Decision in Students...

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On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more

Bressler, Amery & Ross, P.C.

Affirmative Action Overturned

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On June 29, 2023, the United States Supreme Court considered whether race conscious admission decisions by Harvard and the University of North Carolina were lawful under the Equal Protection Clause of the Fourteenth...more

Venable LLP

Are Legacy and Donor Admissions Soon to Become a Part of the Past? The Department of Education Strikes Back Following SCOTUS...

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On July 24, 2023, less than a month after the Supreme Court's landmark decision striking down affirmative action practices in college admissions, the U.S. Department of Education, Office for Civil Rights (OCR) has launched an...more

Faegre Drinker Biddle & Reath LLP

Next Stage Considerations About the Supreme Court’s Affirmative Action Decision: How to Put the Warning Letter from the State...

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As higher education institutions, state and local governments, private employers and federal contractors grapple with understanding the impacts of the U.S. Supreme Court’s decision in Students for Fair Admissions v. President...more

Husch Blackwell LLP

The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education

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Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery, for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and...more

Alston & Bird

Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

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The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s...more

DCI Consulting

Harvard and UNC [6 Things You Need to Consider for Your DEIA Program]

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DCI Consulting Group (DCI) is monitoring reactions, answering questions, and releasing content related to the June 2023 Supreme Court ruling on with affirmative action in higher education. The Court's majority opinion was...more

Steptoe & Johnson PLLC

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

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As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more

Parker Poe Adams & Bernstein LLP

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

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College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...more

Venable LLP

The Future of Race in Higher Education Admissions

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On June 29, 2023, in a 6-3 decision along ideological lines, the Supreme Court drastically altered college admissions by ruling that affirmative action admissions practices violated the Equal Protection Clause of the...more

Partridge Snow & Hahn LLP

The Supreme Court Strikes Down Race-Based College Admissions in Landmark Harvard/UNC Decision

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On June 29, 2023, the Supreme Court of the United States determined the constitutionality of the race-based admissions policies employed by Harvard College and the University of North Carolina in the landmark cases Students...more

Lathrop GPM

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

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On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

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