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Supreme Court of the United States › Universities › Students for Fair Admissions v Harvard College

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

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

Jenner & Block

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

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On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and 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

Foley Hoag LLP - White Collar Law &...

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

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This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Jenner & Block

Client Alert: The Supreme Court Denies Certiorari in Coalition for TJ v. Fairfax County School Board: What This Means for Colleges...

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On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...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

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

Jenner & Block

Client Alert: Senator J.D. Vance Calls for FTC and DOJ to Investigate Admissions Practices of Universities in the Wake of SFFA

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On August 10, 2023, Sen. J.D. Vance, R-Ohio, called for the Federal Trade Commission and the U.S. Department of Justice to investigate top universities for allegedly coordinating their admissions policies following the U.S....more

Bowditch & Dewey

Biden Administration Provides Guidance for Admissions Policies in the Wake of Students for Fair Admissions v. Harvard

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On June 29, the U.S. Supreme Court issued the decision in Students for Fair Admissions vs. President and Fellows of Harvard College, which ruled that an applicant’s race, by itself, cannot be considered as part of who should...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

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