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

Harvard’s Endowment, Donations Rise—but the University Runs a Deficit

The annual financial report signals severe challenges to come.

Harvard’s New Playbook for Teaching with AI

Faculty across Harvard are rethinking assignments to integrate AI. 

The Faculty of Arts and Sciences Zeroes in on the Classroom Experience

Class schedules and academics are at the top of the agenda for Harvard faculty.

Most popular

What Trump Means for John Roberts's Legacy

Executive power is on the docket at the Supreme Court.

Three Harvardians win MacArthur Fellowships

A mathematician, a political scientist, and an astrophysicist are honored with “genius” grants for their work.

The Harvard Professor Who Quantified Democracy

Erica Chenoweth’s data shows how—and when—authoritarians fall.

Explore More From Current Issue

Three book covers arranged in a row on a beige background with a red border.

Must-Read Harvard Books Winter 2025

From aphorisms to art heists to democracy’s necessary conditions 

Illustration of tiny doctors working inside a large nose against a turquoise background.

A Flu Vaccine That Actually Works

Next-gen vaccines delivered directly to the site of infection are far more effective than existing shots.

Wolfram Schlenker wearing a suit sitting outdoors, smiling, with trees and a building in the background.

Harvard Economist Wolfram Schlenker Is Tackling Climate Change

How extreme heat affects our land—and our food supply