The “Harvard” Suit

Students for Fair Admissions (“SFFA”) vs. President and Fellows of Harvard College (“Harvard”) SFFA filed suit against Harvard in November 2014.  Its complaint alleged that Harvard violated Title VI of the 1964 Civil Rights Act in four ways:  (1) By discriminating against Asian-American applicants, (2) By engaging in “racial balancing” in its admissions process, (3)…

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Are Preferences Disappearing?

Throughout the Supreme Court’s jurisprudence on racial preferences in higher education, a dominant theme has been the Court’s view that preferences should be temporary.  In Bakke, even the strongly pro-preference Justice Blackmun suggested that preferences should only last a short period – perhaps a decade.  In her opinion for the Court in Grutter, Justice O’Connor…

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