A Discussion: Students for Fair Admissions v. President and Fellows of Harvard College

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In Students for Fair Admissions v. President and Fellows of Harvard College, petitioning Asian-American students argued that Harvard’s undergraduate admissions policies actively discriminated against them on the basis of race in violation of Title VI of the Civil Rights Act of 1964.  The District Court and the Court of Appeals for the First Circuit disagreed, triggering SFFA’s pending petition to the Supreme Court for certiorari.  If the Court accepts cert, the case will present it with the chance to address the legality of race-based admissions policies for the fifth time in as many decades.  

Should and will the Court take the case?  Is this an opportunity for a long-overdue correction of judicial error or a project doomed to fail?  And what exactly does the trove of information from the record below mean for the Court’s decision, for admissions departments elsewhere, and for applicants?


  • Anna Ivey, Founder, Anna Ivey Consulting
  • Cory Liu, Partner, Ashcroft Law Firm
  • Moderator: Dan Morenoff, Executive Director, American Civil Rights Project    

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.