Did The Supreme Court Put All DEI Programs At Risk?

It has been less than a month since the Supreme Court's June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy. Conservative leaders are lining up to declare that SFFA means that all Diversity, Equity and Inclusion Programs ("DEI") are unlawful. Not to be outdone, a number of the more liberal politicians are trying to assure employers that it is still lawful for them to promote diversity. In fact, the reality actually falls somewhere in between. But now is the time, while DEI programs at private companies are still lawful, to look at them more carefully, and with a post-SFFA lens.