SFFA Supreme Court Appeal of Harvard Admissions Lawsuit

As expected, the anti-affirmative-action advocate appeals after losing in lower court rounds.

Students for Fair Admissions (SFFA), which has pursued litigation against Harvard’s longstanding use of race as a factor in its holistic review of undergraduate applicants for admission to the College, today asked the Supreme Court to review its case. SFFA brought its case, alleging discrimination against Asian American applicants, in 2014. In October 2019, U.S. District Court judge Alison Burroughs ruled in favor of Harvard; in November 2020, the First Circuit Court of Appeals upheld that decision, following SFFA’s appeal.

In the First Circuit decision, judges Jeffrey Howard and Sandra Lynch wrote that Harvard’s use of race in admissions is consistent with Supreme Court precedent, rejecting SFFA’s claims that Harvard “(1) engages in racial balancing of its undergraduate class; (2) it impermissibly uses race as more than a ‘plus’ factor in admissions decisions; (3) it considers race in its process despite the existence of workable race-neutral alternatives; and (4) it intentionally discriminates against Asian American applicants to Harvard College.” The ruling concludes that there was no error in Burroughs’s decision, and that Harvard’s use of race is sufficiently narrow, appropriately tailored to meet Harvard’s goal of assembling a diverse class, and does not evince evidence of implicit bias against Asian Americans.

SFFA founder and president Edward Blum, who opposes affirmative action, vowed to appeal. In today’s news release announcing the petition to the Supreme Court, SFFA maintained that Harvard admission policies “discriminate against Asian Americans and give unlawful and unfair preferences to white, Hispanic and black applicants”; that these practices are “illegal quotas”; and the College “consistently and methodically” devalues Asian American applicants impermissibly.

SFFA is also involved in litigation against Yale, the University of North Carolina, and the University of Texas—seeking many channels for Supreme Court review of current law. Only that body can revisit the question of whether or not race can be used as a factor in admissions at all, or revise longstanding precedent that says that race can be used under certain circumstances. Given the three justices who were appointed during the Trump administration, it is possible that the Court might accept the petition to hear the case, and proceed to reconsider past rulings allowing consideration of race as a factor in holistic admissions reviews.

SFFA’s petition is posted here.

 

Read more articles by John S. Rosenberg

You might also like

Phi Beta Kappa Speakers Call Out a ‘Deeply Troubling’ Moment

Former Harvard President Lawrence Bacow and poet Meghan O’Rourke urge graduates to focus on character and “radical attention.”

Ronny Chieng is Harvard’s Class Day Speaker

The comedian, actor, and The Daily Show correspondent will address the 2026 College graduating class on May 27.

Harvard Faculty Approve a Cap on A Grades

Reforms to reduce grade inflation will take effect in the fall of 2027.

Most popular

Meet Harvard’s 2026 Student Commencement Speakers

Two undergraduates and a Ph.D. candidate will address the graduating class on May 28.

AI Outperforms Doctors in Emergency Room Tasks, New Harvard Study Shows

Researchers say the technology could help physicians with triage, diagnosis.

‘Effort Still Matters’ in AI Age, Garber Tells Harvard Graduates

In his Baccalaurate address, the University president urged a mindful—yet open—approach to the technology.

Explore More From Current Issue

Woman in historical dress standing in front of green foliage, smiling brightly.

This Harvard Graduate Brings Women of the Revolution to Life

Historical reenactor Lauren Shear reveals tricks of the trade for playing Tory loyalists, Revolutionary poets, and more.

Mercy Otis Warren in period attire writes at a desk by candlelight, surrounded by books.

The Woman Who Penned the Case for War

Mercy Otis Warren’s poetry and plays incited the Patriot movement.

Four stylized magnifying glasses arranged in a gradient background with abstract patterns.

AI Hunts For Stolen Harvard Coins

A museum curator and a computer scientist track down ancient coins taken in a legendary heist.