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Civil Rights & Equal Protection

Students for Fair Admissions v. Harvard/UNC

Decided: 2023

In brief

Held that race-conscious college admissions programs violate the Equal Protection Clause, effectively ending affirmative action in higher education.

The Court's ruling in depth

The Court held that Harvard's and UNC's race-conscious admissions programs failed strict scrutiny: their diversity interests were too amorphous to be judicially administrable, they used race as a negative factor for Asian-American applicants, and they had no logical endpoint as Grutter had contemplated. Universities may still consider how an applicant's discussion of race has affected their life through the essay, but may not consider racial identity as such. SFFA overruled Grutter in effect if not in name and dismantled the framework Bakke had constructed forty-five years earlier.

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