William Baude Makes Observations on the Affirmative Action Decision

The Unsurprising Affirmative Action Decision in Students for Fair Admissions v. Harvard

Today in Students for Fair Admissions v. Harvard, the Supreme Court effectively ended the current regime of diversity-justified-race-based affirmative action in higher education. As the opinion for the Court by Chief Justice Roberts puts it:

University programs must comply with strict scrutiny, they may never use race as a stereotype or negative, and—at some point—they must end. Respondents' admissions systems—however well intentioned and implemented in good faith—fail each of these criteria. They must therefore be invalidated under the Equal Protection Clause of the Fourteenth Amendment.

While the majority opinion is somewhat cagey about the extent to which it is overturning its prior precedents such as Grutter and Fisher as a formal matter, it does seem clear that going forward current practices at many elite universities will now be held unlawful.

Read more at The Volokh Conspiracy