Jenner & Block Launches Taskforce as Race-Conscious Programs Raise Litigation Risk

Jenner & Block launched the Organizational Values and Strategy Task Force to support clients across industries as the US Supreme Court looks to rule on Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (SFFA), which challenge the constitutionality of race-conscious admissions programs and the 2003 precedent set in Grutter v. Bollinger. If the Court rules against the universities, organizations with policies designed to recruit and advance diverse individuals could face legal risk. 

While the immediate impact will be felt by institutions of higher education, any organization with policies designed to recruit and advance diverse individuals could face private lawsuits by organizations eager to push the Court’s ruling into other areas, state attorney general investigations, and more. The threat to companies, institutions of higher education, and organizations of all types that use DEI criteria in decision-making cannot be overstated.

“If Grutter is overturned, it will light a fire to systematically remove DEI initiatives from all aspects of society,” said Ishan Bhabha, Organizational Values and Strategy Task Force Co-Chair. “Jenner & Block’s cross-practice task force is already helping clients with investigating, identifying risks in existing efforts, the redesigning of programs and policies, and shaping strategies that will reduce risk while still promoting diverse, equitable, and inclusive educational and business organizations.”

With the Court’s decision imminent, now is the time to prepare. Please reach out to our Organizational Values and Strategy Task Force co-chairs if you would like to learn more about how SFFA could impact your organization.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Jenner & Block Launches Taskforce as Race-Conscious Programs Raise Litigation Risk

Jenner & Block launched the Organizational Values and Strategy Task Force to support clients across industries as the US Supreme Court looks to rule on Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (SFFA), which challenge the constitutionality of race-conscious admissions programs and the 2003 precedent set in Grutter v. Bollinger. If the Court rules against the universities, organizations with policies designed to recruit and advance diverse individuals could face legal risk. 

While the immediate impact will be felt by institutions of higher education, any organization with policies designed to recruit and advance diverse individuals could face private lawsuits by organizations eager to push the Court’s ruling into other areas, state attorney general investigations, and more. The threat to companies, institutions of higher education, and organizations of all types that use DEI criteria in decision-making cannot be overstated.

“If Grutter is overturned, it will light a fire to systematically remove DEI initiatives from all aspects of society,” said Ishan Bhabha, Organizational Values and Strategy Task Force Co-Chair. “Jenner & Block’s cross-practice task force is already helping clients with investigating, identifying risks in existing efforts, the redesigning of programs and policies, and shaping strategies that will reduce risk while still promoting diverse, equitable, and inclusive educational and business organizations.”

With the Court’s decision imminent, now is the time to prepare. Please reach out to our Organizational Values and Strategy Task Force co-chairs if you would like to learn more about how SFFA could impact your organization.

Related Attorneys

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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