News & Analysis as of

Students for Fair Admissions v Harvard College College Admissions

McGuireWoods LLP

HHS Dear Colleague Letter Outlines Nondiscrimination Requirements for Medical Schools

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On May 6, 2025, the U.S. Department of Health and Human Services (HHS) issued a Dear Colleague Letter on Nondiscrimination Requirements for Medical Schools on the Basis of Race, Color, and National Origin pursuant to Students...more

Fox Rothschild LLP

PDE Pushes Back on Federal Certification Mandate

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The Pennsylvania Department of Education (PDE) has declined to sign a certification form issued by the U.S. Department of Education (ED), which asked all state education agencies to affirm compliance with federal...more

Foley Hoag LLP

SFFA In The Courts: Where We Are Before the Administration Change

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It has been over a year since the Supreme Court issued its decision striking down Harvard’s and the University of North Carolina’s admissions policies in Students for Fair Admissions (“SFFA”) v. Harvard College and SFFA v....more

Kelley Drye & Warren LLP

Is DEI Still Standing? Moving Forward with Diversity

It’s been over a year since the Supreme Court’s June 2023 ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), prompting employers nationwide to brace for potential legal challenges...more

Morgan Lewis

DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

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All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 19: Diversity, Equity, & Inclusion in the Workplace with Stephanie Mays,...

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For episode 19, Tina and Christy welcome Maynard Nexsen labor & employment attorney Stephanie Mays, who also serves as the Chief Talent Officer for the firm. We dive into the Students for Fair Admissions cases and how it...more

Venable LLP

Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

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Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision...more

Alston & Bird

DEI on Campus: These Invitations Claim Rigorous Hope

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How can colleges and universities respond to the U.S. Supreme Court’s Students for Fair Admissions decision? Alston & Bird and Huron Consulting offer strategies institutions can use to retain their diversity, equity, and...more

Jenner & Block

Client Alert: The Supreme Court Denies Certiorari in Coalition for TJ v. Fairfax County School Board: What This Means for Colleges...

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On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...more

McGuireWoods LLP

SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now

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Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more

Bowditch & Dewey

Supreme Court Allows West Point to Continue to Use Race in Admissions (For Now)

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On June 29, 2023, admissions policies and practices of many higher ed institutions were forced to pivot when the U.S. Supreme Court ruled that using race to make admissions decisions violated the Equal Protection Clause of...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Publishes Guidance on Permissible Strategies to Increase Diversity and Opportunity in Higher...

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, many postsecondary institutions have engaged in a review of their recruiting, admissions, and other policies and procedures. To guide...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

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The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs

Key Points - - In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more

Cole Schotz

The U.S. Supreme Court Recently Overturned Affirmative Action Precedent in Higher Education – Will Employer DEI Efforts be...

Cole Schotz on

On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more

Greenberg Glusker LLP

[Webinar] What’s Next for DEI Initiatives in the Wake of the SCOTUS Affirmative Action Decision? - January 24th, 10:00 am - 11:00...

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This presentation will include: - Case discussion - Decision's implications for clients, law firms, and courts - Potential solutions...more

FordHarrison

Have You Audited Your DEIA Initiatives? If Not, You Should

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Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal...more

Bricker Graydon LLP

[Webinar] College Admission Essays - October 31st, 12:00 pm - 1:00 pm EST

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The 2023-2024 admissions cycle is almost here! In the aftermath of the Students for Fair Admissions decisions, higher education institutions have been challenged with reexamining both the content of their application essays...more

Fisher Phillips

Did Workplace DEI Programs DIE Following the Supreme Court’s Affirmative Action Decision? 6 Steps You Should Take to Ensure...

Fisher Phillips on

It’s been nearly two months since the Supreme Court struck down affirmative action in college admissions – and many employers are still wondering whether their workplace Diversity, Equity & Inclusion programs are still legal...more

Fisher Phillips

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

Fisher Phillips on

Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Faegre Drinker Biddle & Reath LLP

Update on Post-SFFA Challenges to DEI Initiatives: Law Firm Fellowship Programs in the Crosshairs

As previewed in our previous client alert, certain groups have now pursued legal action contending that employers’ diversity, equity and inclusion (DEI) programs are subject to legal challenge based on the U.S. Supreme...more

Akerman LLP

Navigating the Affirmative Action Prohibition

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The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS...more

Proskauer Rose LLP

Implications of U.S. Supreme Court Decision Overturning Affirmative Action Precedent in Higher Education

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On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more

Faegre Drinker Biddle & Reath LLP

The Impact of the Supreme Court’s Harvard/UNC Decision on the Nonprofit Sector

Earlier this summer, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No-20-1199, and Students for Fair Admissions Inc. v. University of North Carolina et. al, No....more

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