Harvard's Affirmative Action Plan Upheld By First Circuit: Victory Now But What Will Come Next?

On November 12, the United States Court of Appeals for the First Circuit upheld the use of race by Harvard College in its student admissions program against a challenge brought by Students for Fair Admissions (SFFA), a group representing the interests of Asian American students.

The First Circuit held that Harvard had demonstrated that it has a compelling interest in using race in its admissions program and that its use of race is narrowly tailored as required by the Supreme Court's precedent. This thorough, 104-page-long opinion, issued only eight weeks after the First Circuit heard oral argument, carefully follows the Supreme Court's precedent in its Grutter and Fisher decisions.