The Struggle for Legal Equality Isn’t Over Yet

After SFFA v. Harvard, the purveyors of affirmative action can run, but they can’t hide.

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Commencement ceremonies at Harvard University, May 24, 2018

Brian Snyder/Reuters

The battle lines are drawn. After the United States Supreme Court declared affirmative action in college admissions illegal last month, politicians and university presidents vowed to make the decision a dead letter. Taking them at their word, “diversity” — that is, favoring applicants based on race — will be preserved by any means necessary.

President Biden pledged that his administration would find a “new path” that “protects diversity.” Harvard’s president Lawrence Bacow promised to marshal the “talent and expertise of our Harvard community” to figure out a way to “preserve” an admission system that results in racial diversity. And the Association of American Universities declared that America’s top 71 research institutions will continue to pursue “diversity throughout the academic enterprise.”

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About the Author

Rick Esenberg

Rick Esenberg is the president and general counsel of the Wisconsin Institute for Law & Liberty.

Dan Lennington

About the Author

Dan Lennington

Dan Lennington serves as Vice President & Deputy Counsel at the Wisconsin Institute for Law & Liberty. He is a former federal prosecutor who also teaches Civil Rights Litigation at the University of Wisconsin School of Law.

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