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Article
Forthcoming
Admissions and Access to Higher Education after SFFA v. Harvard
Charles Calleros
Journal of College and University Law
 
Open Access

Abstract:

In 2023, the Supreme Court sent a seismic shock wave through higher education with its decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. This decision replaced decades of precedent that had permitted race-conscious admissions with a new requirement of race neutrality. Some universities might overreact to this development, avoiding consideration of any attributes that have their roots in racial diversity or that could contribute to a diverse student body. But the majority opinion describes a race-neutral approach based on individual assessment of valued character traits, even if based on that applicant's experiences inextricably tied to the applicant's race. Coupled with other efforts and policies designed to broaden access to higher education, universities should follow the Supreme Court's race-neutral path, while implementing procedures that require and document decision-making that stays within the new constitutional lines.
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