Students for Fair Admissions v. Harvard

Affirmative action is one of the most effective tools for redressing the injustices caused by our nation’s historic discrimination against people of color and women.

In August 2018, the ACLU of Massachusetts filed a friend-of-court brief supporting the right of universities, including Harvard, to consider race as one of many factors in a whole-person admissions process.

Edward Blum, an anti-affirmative action crusader and president of Students for Fair Admissions, is once again seeking the elimination of all race-conscious admissions practices. His lawsuit follows Fisher v. University of Texas, where the Supreme Court reaffirmed that diversity is a “compelling government interest,” permitting schools to consider race.

The ACLU argues a race-conscious admissions process can further a university’s academic freedom to assemble a diverse student body. According to the brief, appropriate consideration of race – as one of many identity characteristics in the admissions process – does not conflict with the principles of equal protection.

• The Recorder: ‘Living while black’ incident at Smith far from resolved
• ACLU: In Defense of Affirmative Action in Higher Education
• ACLU of Massachusetts: ACLU Supports Colleges' Right to Promote Diversity