Affirmative Action Cases
Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. President & Fellows of Harvard College are two related cases about the legality of affirmative action. The cases were originally going to be heard together, but due to Justice Jackson’s former relationship with Harvard, they were separated so that she could participate in the North Carolina case. Students for Fair Admissions, Inc. is a nonprofit created solely to challenge affirmative action policies. In both cases, the Court is asked to overturn its recent precedent on affirmative action, Grutter v. Bollinger, but some of the arguments made by the parties differ. The nonprofit argues that the University of North Carolina violates Title VI of the Civil Rights Act of 1964 by discriminating against Asian applicants, and that Harvard violates the Equal Protection Clause of the 14th Amendment by simply considering race.
If Students for Fair Admissions, Inc. wins, it will end affirmative action programs across the United States.
If University of North Carolina and Harvard College win, affirmative action will remain lawful.