The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Civil Rights & Equal Protection
Students for Fair Admissions v. Harvard/UNC
Decided: 2023
Held that race-conscious college admissions programs violate the Equal Protection Clause, effectively ending affirmative action in higher education.
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.