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For my current event, I selected the Supreme Court’s 2023 SFFA v. Harvard and SFFA v. University of North Carolina decisions reversing race-based college admissions. I debated my topic choice and initially considered evaluating the college campus protests involving the Israel-Hamas war, or the historic pay gap between male and female athletes which has received increased scrutiny following Caitlin Clark’s popularity and the revelation that her WNBA salary is 137 times less than the NBA’s overall first round draft pick. While both of these events appealed to me, I wanted to investigate a less popular issue, at least among teenagers, where I could learn something new and broaden my knowledge. I found the Supreme Court cases intriguing because I was not overly familiar with them or the history underlying the Court’s decisions. 

Since I did not have much context for my topic, I started with a broad Google search using the case names themselves as my search terms. I read several straightforward news articles from CNN, Fox News and BBC that summarized the SFFA decisions and the history behind them, before delving into more specific and detailed sources for the assignment. These articles provided high level summaries and some strong quotes from the Supreme Court’s majority and dissenting opinions, while also offering politicians’ and the public’s perspectives on the case. Next, I went to Britannica, which is a site that I am comfortable with and find easy to navigate, and one that provides a reliable, in depth source of credible information. I reviewed several entries on Britannica to grasp a better understanding and overview of the current event as well as the legal precedents leading up to it. I initially read about SFFA v. Harvard and SFFA v. UNC and then reviewed summaries of the key cases preceding them, including Regents of University of California v. Bakke (1978), Grutter v. Bollinger (2003), and Fisher v. University of Texas (2013 and 2016). I also identified an article from University of Orgeon’s Office of the General Counsel which provided a concise summary of SFFA’s precedents that I found very helpful. https://generalcounsel.uoregon.edu/news/fisher-vs-utexas. Through these sources, I learned quickly about the event, its origins and the history surrounding it. I took detailed notes and started an outline for my blog. These readings also increased my interest in the Civil Rights Movement and expanded my understanding of how America’s legacy of racial discrimination through slavery, disenfranchisement and state-mandated segregation influenced affirmative action and SFFA.

 After becoming more comfortable with the topic, I searched for Tier 1 and Tier 2 sources. Tier 1 resources are less familiar to me and often denser and more difficult to understand. Referring to the Tier 1 resource chart, I looked up Google Scholar and searched for “the Supreme Court’s 2023 reversal of race-based college admissions.” This search yielded a variety of results. For example, I used the following source,  “https://www.researchgate.net/profile/Mohammed-Shehada/publication/375597939_Considerations_of_Race_in_Admissions_-_the_Case_of_SFFA_v_Harvard_University/links/6551eb53b86a1d521bdf95f8/Considerations-of-Race-in-Admissions-the-Case-of-SFFA-v-Harvard-University.pdf” , a 21 page article that I initially skimmed before determining that it provided reliable information. Dated December 14, 2021, the article precedes the 2023 Supreme Court decision and discusses the procedural history of the SFFA v. Harvard case and its uniquely situated Asian American plaintiffs. Next, I checked its credibility. Written by Mohammed Shehada and Dr. Mary McFarland, the paper stems from Georgetown University, a prestigious college. Under the title it lists “School of Continuing Studies MPEA500 – Ethics and Leadership in Higher Education,” which suggests that the piece may have been a research paper or thesis for a class. I researched Dr. McFarland, and her accomplishments reinforced the article’s credibility. She received her BA from the University of Iowa, Masters from the University of Portland and PhD from Gonzaga University. Dr. McFarland co-founded and served as the past President/International Director of Jesuit Worldwide Learning, and has taught in refugee camps housing internationally displaced people in Africa, Asia, and the Middle East. With this information, I continued my review of this article, which provided an interesting discussion of SFFA’s Asian American plaintiffs and their position in America’s racial hierarchy.

 Next, I referred back to my search history and clicked on a more recent article written after the Supreme Court’s SFFA decision in the fall of 2023: “https://english.umd.edu/research-innovation/journals/interpolations/fall-2023/race-based-admissions-higher-education”. The article included relevant updates on the Court’s decision as well as a discussion of the history of racial exclusion which underscored the need for affirmative action in the first place. The article summarizes Plessy v. Ferguson’s racially-charged “separate but equal” doctrine and the landmark Brown v. Board of Education ruling which dismantled racial segregation in public schools and paved the way for diversity, equity and inclusion. Authored by Gerald Markey from University of Maryland, a well-regarded institution, Markey interned as a socioeconomic programs assistant and received a BA in government/politics, criminology and criminal justice. This reassured me that the article provided another trustworthy source. While both of these Tier 1 sources include reliable content, they are position papers and offer the respective authors’ personal views on the SFFA cases, so they include certain biases which I factored in when reviewing them.

Then I moved on to Tier 2 and identified .org and and .gov trusted sources. I initially found the following NPR article written by Nina Totenberg and updated on June 29, 2023: “https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision”. As a recent article from an established news organization, I found the article enlightening and reliable. The author, Nina Totenberg, is an American Legal Affairs correspondent who focuses on politics and the Supreme Court. NPR hosts a national network of 950 public radio stations in the United States and generally is perceived as a more middle ground, balanced news network. Yet, 87% of its listeners identify as Democrats, suggesting a certain bias, and, as with other news sources like CNN and BBC, I considered whether the article may be skewed. For example, the title alone suggests an anti-SFFA stance “Supreme Court guts affirmative action, effectively ending race-conscious admissions” (emphasis added). I identified two other Tier two sources which included the 237 page Supreme Court opinion itself, “https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf”, as well as an article written by Natasha Warikoo, PhD, for the American Institutes of Research, https://www.air.org/how-did-we-get-here-affirmative-action-admission-selective-colleges

. The Supreme Court Opinion is clearly credible and underlies the event itself, while Warikoo’s article appeared anti-SFFA and pro affirmative action. Written for AIR’s Equity Initiative, Warikoo concludes that SFFA and its progeny will produce a “chilling effect on schools and universities that are trying to promote broad access to elite institutions and creating diverse learning environments for our leaders of tomorrow.” She asserts that the decision will impede marginalized groups’ access to “the American dream.” A former Harvard professor and current sociology professor at Tufts University, Warikoo’s article provides a helpful, if somewhat biased, analysis of SFFA and of the Court’s concerns regarding the anti-Asian American stereotypes that factored into Harvard’s admissions decisions. Warikoo also describes the two key provisions at the heart of the affirmative action challenges, the 14th Amendment’s Equal Protection Clause and Title VI of the Civil Rights Act, and how the cases use laws which were intended to protect minorities to attack race-conscious policies. 

Lastly, I referred back to the Tier 3 sources with which I began my research for broader information, including: (1)https://www.britannica.com/topic/Students-for-Fair-Admissions-Inc-v-President-and-Fellows-of-Harvard-College, (2) https://www.bbc.com/news/world-us-canada-65886212, (3)https://www.cnn.com/2023/06/29/politics/affirmative-action-supreme-court-ruling/index.html.  The CNN and BBC articles provided easily understandable sources of information, but I remained aware of their potential biases as news outlets which skew towards certain audiences. For example, CNN is notoriously liberal – Republicans previously nicknamed it the Clinton News Network – and only 13% of Americans deem it credible. Yet, it also provides a rich source of 24 hour breaking news content. BBC also suffers from allegations of biased reporting, but is the world’s leading public service broadcasting network. Unlike these somewhat partisan news sources, Britannica, as an encyclopedia, provides credible, fact-checked information compiled by experts. Brittanica strives to remain entirely neutral and objective – a reliable, unbiased resource. 

Different media sources portray this event in a diverse manner, with more conservative outlets embracing the decision and more liberal ones chastising it. For example, a June 29, 2023 article from the infamously conservative Fox News emphasizes the benefits of SFFA. In supporting the Court’s affirmative action ban, the Fox article points to the racial stereotyping that negatively impacted Harvard’s Asian applicants, and the racial stigma associated with affirmative action as emphasized by Justice Clarence Thomas. https://www.foxnews.com/politics/supreme-court-rejects-affirmative-action-ruling-universities-using-race-admissions-decisions. Conversely, the NPR and CNN articles’ titles alone suggest a more liberal, pro-affirmative action stance, referring to the Court’s “gut[ting]” of prior decisions. The NPR article alleges that SFFA’s reversal of race-conscious programs in higher education prohibits universities from doing precisely “what most say they still need to do: consider race as one of many factors in deciding which of the qualified applicants is to be admitted.” (Totenberg 2023). The article goes on to highlight Justice Sotomayor’s scathing dissent: “‘The Court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.’” (Totenberg 2023). NPR also notes the dangerous drop in diversity on campuses where state laws ban racial preferences. The CNN article similarly references SFFA’s strong dissenting opinions, quoting Justice Jackson’s harsh critique of the Court’s exclusion of military academies from its ban. Justice Jackson argues that the Court preserves racial diversity in higher education only to the extent that it prepares Black Americans and other marginalized minorities for the “‘bunker’” as opposed to the “‘boardroom.’” (de Vogue, Cole and Sneed 2023). The BBC article further criticizes the Court’s opinion, calling out the justices for ending “positive discrimination.” (Debusmann Jr. 2023). Meanwhile, Britannica and Pew Research provide neutral, straightforward descriptions and data on the topic.

Republicans, like Trump and Pence, “celebrate” the decision, with Trump embracing the Court’s analysis as a “great day” for America, while Democrats “blast” the Court, with Biden and Senate Majority leader Chuck Shumer deeming it a roadblock along the country’s march towards racial justice. (de Vogue, Cole and Sneed 2023; Debussmann Jr. 2023). Public opinion on affirmative action remains similarly mixed along partisan lines. 

While I did not dismiss any of my sources, I remained aware of their biases in my  review. One gap in the media coverage arises from the perspective of younger people. I would like to read articles describing my peers’ reactions to the decision and how younger generations – with vested interests as soon to be college applicants – view the legal change. Though college applicants may fear voicing their beliefs on such a hotly debated topic, concerned that their opinions will be discounted due to their own personal agendas and unique experiences. 

On June 29, 2023, the U.S. Supreme Court in SFFA v. Harvard and SFFA v. University of North Carolina ruled against race-based affirmative action in college admissions, finding that Harvard’s and UNC’s consideration of applicants’ race to maintain diverse student bodies violated Title VI of the 1964 Civil Rights Act and the 14th Amendment’s Equal Protection Clause (1868). (“Race-Based Admissions in Higher Education: Addressing Systemic Inequality in American Society and Achieving True Equity | Department of English,” n.d.). These decisions reverse long-standing Supreme Court precedent dating from 1978, and threaten colleges’ efforts, which began during the 1954-1968 Civil Rights Movement, to increase educational access for underrepresented minorities through race-conscious admissions. (de Vogue, Cole, and Sneed 2023). SFFA opens age-old wounds involving America’s discriminatory history and the struggle for racial equity.

Universities’ push for racial equality in the 1960s to compensate for minorities’ unjust exclusion from elite education first received scrutiny in University of California v. Bakke (1978). (“Race-Based Admissions in Higher Education: Addressing Systemic Inequality in American Society and Achieving True Equity | Department of English,” n.d.). While Bakke found racial quotas which based admission exclusively on race unconstitutional, Justice Powell’s opinion permitted the holistic consideration of race, among other factors, to promote diverse campuses. (“How Did We Get Here? Affirmative Action in Admission to Selective Colleges,” n.d.). Supreme Court decisions in 2003, 2013 and 2016 addressing University of Michigan’s and University of Texas’s affirmative action policies followed Powell’s lead, upholding race-conscious admissions and rejecting White applicants’ claims that inclusion of race in colleges’ comprehensive review amounted to reverse racism, impairing their Constitutional rights. (Duignan 2023). By invalidating Harvard’s and UNC’s race-sensitive admissions and overturning judicial precedent, SFFA prohibits affirmative action in public and private universities, enforcing colorblind admissions. (Debusmann Jr. 2023). Justice Roberts’s opinion pointed to Justice O’Connor’s 2003 Grutter decision which supported affirmative action, but cautioned that racial preferences must end at some point. (Ramirez 2024). SFFA softened its decision, however, by excluding military academies and permitting consideration of racial factors that influence applicants’ character: “‘Nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life.’” (Duignan 2023; SFFA v. Harvard). 

The 14th Amendment and the 1964 Civil Rights Act sought to protect Black Americans and bar discrimination following America’s long history of slavery, disenfranchisement and legally-mandated segregation. (“How Did We Get Here? Affirmative Action in Admission to Selective Colleges,” n.d.). It was not until 1954 that the Supreme Court invalidated state laws requiring racially segregated public schools in Brown v. Board of Education, dismantling the “separate but equal” doctrine established by Plessy v. Ferguson (1896), and paving the way for integration. (“Race-Based Admissions in Higher Education: Addressing Systemic Inequality in American Society and Achieving True Equity | Department of English,” n.d.). Martin Luther King, Jr.’s peaceful advocacy, and the 1965 Voting Rights Act empowering Black voters, contributed to the Civil Rights Movement’s fight for racial justice. Under the 14th Amendment and Civil Rights Act, race-based policies must be narrowly tailored to a compelling state interest and receive strict scrutiny. (“How Did We Get Here? Affirmative Action in Admission to Selective Colleges,” n.d.). Yet, the affirmative action plaintiffs cite these same laws – intended to support historically marginalized minorities – to undermine policies which seek to remedy inequality and increase access for these underserved groups. (“Race-Based Admissions in Higher Education: Addressing Systemic Inequality in American Society and Achieving True Equity | Department of English,” n.d.). By characterizing affirmative action as reverse discrimination, these cases arguably turn the original purpose of the 14th Amendment and Civil Rights Act on its head.  

The difference between SFFA’s Asian American plaintiffs and the privileged White Americans pursuing prior cases influenced the alternative outcome. (Shehada 2021). The Asians’ academic credentials outshined other ethnic groups, and, similar to Black Americans, Asians suffer from America’s unequal racial hierarchy. (Shehada 2021; Totenberg 2023). Asian applicants’ rejection underscored biased racial stereotyping in admissions: Harvard penalized Asians with lower numbers on the “personal ratings” scale relative to White applicants. (de Vogue, Cole, and Sneed 2023).

SFFA has intensified lingering debates regarding affirmative action and how to overcome systemic social and economic disadvantages caused by America’s racist history. The decision reflects the counter-reaction to well-intentioned efforts to promote inclusion and opportunity. Universities’ battle to address America’s legacy of exclusion – UNC did not admit Black undergraduates until 1955 – triggers resistance and claims that the laws overcompensate for prior violations, adversely affecting non-minorities.  (Totenberg 2023). By allowing a limited consideration of race, SFFA provides some flexibility. Merit-based admissions cannot ignore the deep scars and handicaps arising from America’s past of state-mandated discrimination. (de Vogue, Cole, and Sneed 2023).  As Justice Jackson, the Court’s first Black female justice, notes in her dissent: “‘deeming race irrelevant in law does not make it so in life…[the majority] has detached itself from this country’s actual past and present experiences.’” (de Vogue, Cole, and Sneed 2023). Jackson highlights the myth of a colorblind America. Public opinion on affirmative action remains mixed – Trump championed SFFA while Biden scorned the decision – but research supports that race-consciousness most effectively increases diversity. (Debusmann Jr. 2023). SFFA has broad ramifications beyond higher education, subjecting racial-preferences in other institutions to challenge, including in primary and secondary schools as well as employment settings. (Totenberg 2023). Understanding the historical origins of SFFA provides insight regarding the complexity of the evolving legal landscape and public perception surrounding affirmative action. America must continue to embrace diversity, equity and inclusion, fostering equality while ensuring fairness, and welcoming all regardless of race or ethnicity.

Sources and citations:

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The Holocaust, which was a massacre of 6 million Jews from 1933 to 1945 (https://museeholocauste.ca/en/history-holocaust/), devastated and destroyed Jewish homes and lives. The Holocaust ended in 1945, and Israel was created in 1948. The Nazis, who Hilter led, and some of its allies killed the Jewish population in World War two. Before the Nazi’s rule, Adolf Hilter wrote “Rational antisemitism, however, must lead to systematic legal opposition.… Its final objective must unswervingly be the removal of the Jews altogether.”  (https://www.britannica.com/event/Holocaust). Antisemitism spread worldwide and led to the nazis’ authority and expansion. While targeting Jews, the Nazis also targeted Roma, sanity, homosexuals, Slavic people, and political opponents. The Nazis organized a program on November 9th known as the Kristallnacht, which led to 30,000 Jews immediately being sent to concentration camps. There were over 20,000 concentration camps where Jews were starved and tortured. The Nazis also used gas chambers which started the Einsatzgruppen. (https://www.history.com/this-day-in-history/state-of-israel-proclaimed)  In response to these actions, the Jews, who had survived, decided they needed to take action to acquire a safe homeland so that they wouldn’t be endangered anymore. The Jewish population wanted freedom, and they feared a relapse of the event, so they did everything they could to abstain from future horrors. The Jews, millions of years ago, were exiled from the land of Israel in the 1st and 2nd centuries, so they have ancient and personal ties back to their native land. (https://study.com/academy/lesson/the-creation-of-israel-in-1948-timeline-resulting-conflicts.html)Also, globally, and in the Western world, countries around the world felt a sense of urgency to help and knew that they had a moral responsibility to help the Jews. The United States president, Harris Truman, had sympathy for the Jewish population, and he recognized there was an issue with the Jews’ treatment.  (https://encyclopedia.ushmm.org/content/en/article/postwar-refugee-crisis-and-the-establishment-of-the-state-of-israel) The zionist (word Zion derives from the Hebrew bible as the name for Israel) movement, near the end of World War 1, the end of the 19th century, gained momentum in support of creating a Jewish state in Palestine. The main goal was to obtain political independence so that the Yishuv( in Palestine, where the Jewish community is) could look after their own business. Most people who supported the movement thought that the British mandate was an adequate framework for building Jewish homes. In 1939, Britain issued the attempt to enforce white paper, restrictions on Jewish immigration into Israel, and restraints on land ownership by Jews in the war. However, after the war, 600,000 Jews were already residing in Israel, and Political powers started to increase and promote the founding of a Jewish homeland, which made the Jewish leaders accept and sign the Partition Plan in 1948.(https://www.jstor.org/stable/25834471)

  1. Simone Veil (French lawyer and politician, Auschwitz survivor): “I found myself thrown into a universe of death and suffering. I had crossed the threshold of humanity.”
  1. Thomas Buergenthal (Law professor and Auschwitz survivor): “I am one of the few who survived. And it is my duty to bear witness to ensure that it never happens again.”