Client Alert: Affirmative Action up for Judgment? US Supreme Court Grants Cases Seeking to Prohibit Consideration of Race in College Admissions
Publications
January 25, 2022
Yesterday, the Supreme Court today agreed to hear a pair of cases asking the Court to overrule its precedents governing the consideration of race in college admissions. One case concerns admissions at Harvard College, and the other concerns admissions at the University of North Carolina. In both cases, the petitioner, Students for Fair Admissions (SFFA), alleged that the university engaged in racial discrimination against Asian-American applicants. And in each case, the lower courts rejected those claims after a full trial. SFFA petitioned for certiorari and asked the Court to reconsider and overrule its key precedent, Grutter v. Bollinger, 539 U.S. 306 (2003), which permits universities to consider race as one factor among many in a holistic admissions evaluation. The grant suggests that the Court is willing to reconsider its precedents in this area, and it may result in additional limitations or an outright prohibition on the consideration of race in college admissions. The cases will likely be argued in the fall, and a decision is expected by the end of June 2023.
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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.
Publications
January 25, 2022
Yesterday, the Supreme Court today agreed to hear a pair of cases asking the Court to overrule its precedents governing the consideration of race in college admissions. One case concerns admissions at Harvard College, and the other concerns admissions at the University of North Carolina. In both cases, the petitioner, Students for Fair Admissions (SFFA), alleged that the university engaged in racial discrimination against Asian-American applicants. And in each case, the lower courts rejected those claims after a full trial. SFFA petitioned for certiorari and asked the Court to reconsider and overrule its key precedent, Grutter v. Bollinger, 539 U.S. 306 (2003), which permits universities to consider race as one factor among many in a holistic admissions evaluation. The grant suggests that the Court is willing to reconsider its precedents in this area, and it may result in additional limitations or an outright prohibition on the consideration of race in college admissions. The cases will likely be argued in the fall, and a decision is expected by the end of June 2023.
Related Capabilities
Related Locations
© 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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