The Latest Breaking News from SFFA

What Do Bruen, Dobbs, and SFFA Have In Common?

The Supreme Court issued landmark rulings that were resisted by lower courts, and the Supreme Court refused to intervene.

Reason · May 15

"The Waning of Racial Preferences at American Law Schools, 2021-2025," by My UCLA Colleague Rick Sander

From this new draft, cowritten by Prof. Sander and Henry Kim: In June 2023, the Supreme Court broadly held that… The post "The Waning of Racial Preferences at American Law Schools, 2021-2025," by My UCLA Colleague Rick Sander appeared first on Reason.com.

Reason · Jan 16

Justice Sotomayor Asks "Have You Studied The People" In SCOTUS Cases.

I have. Conservative litigants are vilified. Liberal litigants are celebrated.

Reason · Jan 15

Judge throws out rightwing affirmative action lawsuit against Texas university

Ruling in favor of University of Texas at Austin is setback for movement that ended race-conscious admissions

The Guardian - US · Jul 19, 2024

SMU Law Review Symposium on Students for Fair Admissions

I was pleased to participate in an excellent symposium at the SMU Law Review on Students for Fair Admissions v. UNC. This journal made a strong effort to seek out diverse viewpoints. This is one of the more balanced symposium issues I've seen in years. Well done. Here is the…

Reason · May 22, 2024

Racial Classification in Higher Education Admissions Before and After SFFA

This is my new article, forthcoming in the SMU Law Review. Larry Solum's legal blog says its "highly recommended," and you can download it here. Meanwhile, here is the abstract: Hundreds of law review articles have discussed the legality of affirmative action programs. Virtually all of them begin with the…

Reason · Nov 1, 2023

West Point sued by anti-affirmative action group for considering race in admissions

Students For Fair Admissions (SFFA) claimed West Point violated the Fifth Amendment by using race-concious admissions

The Independent UK · Sep 19, 2023

Students for Fair Admissions and the End of Racial Classification as We Know It (Re-Post)

[I'm reposting this because the linked article disappeared from SSRN's website soon after I posted it, until a copyright permission issue was resolved.] My article, Students for Fair Admissions and the End of Racial Classification as We Know It, has been published in the new Cato Supreme Court Review. Here…

Reason · Sep 13, 2023

Justice Kagan: Affirmative Action Suggests that Beneficiaries Could Not be Accepted Based on Merit Alone

OK, she said it in 2006 as a dean, not a Justice, and about women and law review membership at Harvard, not SFFA and minority admissions, but I would be interested in knowing why she has expressed this concern about women, but not URMs. Relatedly, my former colleague (now DC…

Reason · Jul 7, 2023

Chief Justice Roberts in SFFA: "Hispanic" Is an "Arbitrary or Undefined" Classification

In the SFFA affirmative action case, Chief Justice Roberts for the majority, Justice Thomas, concurring, and especially Justice Gorsuch, concurring, argued that in addition to other legal defects in the defendants' affirmative action programs, the classifications used they used for "diversity" purposes were not properly tailored to serve the schools'…

Reason · Jul 6, 2023