Universities Prepare For End Of Affirmative Action

• Many experts believe that the Supreme Court will hold that Harvard and UNC's consideration of race in admissions is unconstitutional.
• Colleges and universities should take steps now to prepare for a decision by the Court that bars consideration of race in admissions.
• Various race-neutral alternatives can mitigate the impact that such a ruling could have on campus diversity, equity and inclusion.

In October 2022, the Supreme Court heard argument in two cases challenging the use of race in college admissions: Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 211 L. Ed. 2d 604, 142 S. Ct. 895 (2022), and Students for Fair Admissions, Inc. v. Univ. of N. Carolina, 142 S. Ct. 896 (2022) (SFA Cases). Based on the Justices' questions, many observers believe that the Court will overturn prior precedent and hold that schools may no longer consider race in college admissions, even as part of a holistic review. A decision in the SFA Cases is