The Federalist Society

DEI & The Aftermath of Students for Fair Admission

DEI’s focus on identity presents a significant challenge to American institutions and to the rule of law.

The Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard made it clear that the institutions that shape our future leaders—selective colleges and universities—run afoul of the U.S. Constitution when they seek to socially engineer our society using racial preferences. Underpinning the decision is the Court’s rejection of the idea that people should be treated differently on the basis of their identity. Higher education is not the only arena that has been affected by diversity, equity, and inclusion ideology and bureaucracy. Various identity-based preferences have become very widespread in business, government, the arts, K-12 education, and many other key institutions, and the applicability of the SFFA decision and its reasoning to these other institutions is still being worked out.

We strive to facilitate dialogue and promote discussion among proponents and critics of DEI, and to help all involved broaden and deepen their understanding of law. We encourage you to explore our programming and publications (below), which provide in-depth analysis and discussion.

Click the button below to learn more about the Federalist Society's programs on DEI!

FedSoc & DEI

The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].