What the SCOTUS Affirmative Action Cases Could Mean For Your DEI Work (and How to Protect It Going Forward)

On Halloween 2022, the US Supreme Court (the “Court”) heard oral arguments in two cases challenging the use of race as a factor in college admissions. The anti-affirmative action group Students for Fair Admissions (“SFFA”) brought one case against Harvard College and another against the University of North Carolina (together, the “SFFA Cases”). While the Court, in the past, has permitted limited affirmative action in college admissions, the Court’s conservative majority is eager to overturn this precedent. Most experts agree that the Court will rule that race-based affirmative action programs in higher education are unconstitutional and violate federal law, which, in turn, likely threatens diversity, equity, and inclusion (“DEI”) programs, practices, and policies far beyond higher education.