In Search of Fundamental Fairness and Equal Protection: The Role of the U.S. Supreme Court in Shaping American Democracy

Abstract

In July 2023, the U.S. Supreme Court ruled on two cases: Students for Fair Admissions vs. the University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard College, effectively prohibiting the use of race as one of many factors in college or university admissions decisions. To explore these two cases, we conducted a content analysis of the legal briefs, the final court ruling, concurrences, and dissents. In its ruling, the Court did not overturn precedents upholding affirmative action, but the majority interpreted those prior cases in such a way that makes it impossible to justify the use of race in college admissions. Although these cases are from the context of higher education, the ruling highlights the fragility of affirmative action generally and may challenge the legal and regulatory structure that underpins many other important civil rights issues.