On June 29, 2023, the U.S. Supreme Court issued its ruling in SFFA v. Harvard and SFFA v. UNC and found that Harvard and the University of North Carolina’s affirmative action programs violate the Equal Protection Clause of the Fourteenth Amendment. This devastating decision overrules 45 years of precedent established in prior Supreme Court decisions, including Regents of the University of California v. Bakke, Grutter v. Bollinger, and Fisher v. University of Texas.
On October 31, 2022, the U.S. Supreme Court heard oral arguments in the cases Students for Fair Admissions (SFFA) v. Harvard and Students for Fair Admissions (SFFA) v. University of North Carolina (UNC), two landmark cases involving affirmative action. SFFA, an organization created by Edward Blum, filed the lawsuits in 2014 as part of a relentless crusade to overturn 40+ years of precedent and eliminate the consideration of race in college admissions. Blum is also responsible for the litigation in Shelby County v. Holder.
LDF has long represented twenty-five Harvard student and alumni organizations of thousands of Black, Latinx, Asian American, Native American, and white students and alumni as amici curiae, or “friends of the court,” in the Harvard lawsuit. You can find SFFA v. Harvard briefs and case documents here. LDF presented members of its client organizations as witnesses at the 2018 trial and submitted declarations, other evidence, briefs and oral argument on their behalf. LDF filed an amicus brief in the Supreme Court of the United States in SFFA v. UNC on behalf of LDF and the NAACP in support of UNC’s race-conscious admissions process.
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