SFFA and Beyond [NLC 2023] | Center for Equal Opportunity

This year the Supreme Court issued its long-awaited decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. The Court held that the admissions programs of Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment.

The Court’s ruling elevates a colorblind reading of the Fourteenth Amendment. In the college admissions context, the decision makes unconstitutional certain policies that would favor one applicant over another on the basis of that applicant’s race. College admissions offices across the country will have to alter the policies they’ve used for decades. How will they adapt? Will facially race-neutral policies aiming to achieve a desired racial balance for accepted classes be created as a proxy? Will colleges attempt to sidestep the ruling or find legally permissible means of achieving their objectives? If so, how will the courts respond?

Some observers argue that the decision in SFFA should be expected to affect diversity, equity, and inclusion efforts outside of college admissions. Will public and private employers have to change their hiring practices? Will competitive K-12 schools adjust their admissions policies? What about scholarships? Government contracting? How far-reaching will the Court’s interpretation of the Fourteenth Amendment ultimately be?

This panel will provide a comprehensive review of SFFA and explore its consequences.

Featuring:

Prof. Akhil Reed Amar, Sterling Professor of Law and Political Science, Yale Law School
Hon. Gail L. Heriot, Professor of Law, University of San Diego School of Law
Prof. Randall L. Kennedy, Michael R. Klein Professor of Law, Harvard Law School
Mr. Devon Westhill, President & General Counsel, Center for Equal Opportunity
Moderator: Hon. Stephen A. Vaden, United States Court of International Trade

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