SFFA v. Univ. of North Carolina / SFFA v. Harvard (2023)

Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. Harvard College were SCOTUS in the Classroom cases. Though argued separately, they were decided together on June 29, 2023.

Each term Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are encouraged to conduct moot courts the same week the case is argued, giving students the opportunity to follow discussion and analysis in the news and listen to or read a transcript of the actual oral arguments.

Case Issues:

1. Should the Supreme Court overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions?
2. Does UNC’s admissions process violate the 14th Amendment?
3. Does Harvard College’s race-conscious admission process violate Title VI of the Civil Rights Act?

Case Briefs:

UNC

• Brief of Petitioner: Students for Fair Admissions, Inc.
• Brief of Respondent: University of North Carolina
  
• Petitioner’s Reply Brief: Students for Fair Admissions, Inc.

Harvard

• Brief of Petitioner: Students for Fair Admissions, Inc.
• Brief of Respondent: President and Fellows of Harvard College
• Petitioner’s Reply Brief: Students for Fair Admissions, Inc.

Oral Argument:

• UNC: Audio recording and transcript of the oral argument from the Supreme Court
• Harvard: Audio recording and transcript of the oral argument from the Supreme Court

Decision:

• Link to the opinion of the Court

News Articles and Resources:

• SCOTUSblog: “Court will hear challenges to affirmative action at Harvard and University of North Carolina” (January 24, 2022); see also SCOTUSblog Coverage page for the case and “The rise of certiorari before judgment”

• Washington Post: “As Supreme Court test looms, UNC defends use of race in admissions” (October 9, 2022)
• EdWeek: “K-12 Groups Back Racial Diversity as Supreme Court Schedules Affirmative Action Arguments” (August 3, 2022)
• ABCNews: “What’s at stake as Supreme Court revisits affirmative action in college admissions” (January 28, 2022)
• New York Times: “Supreme Court Will Hear Challenge to Affirmative Action at Harvard and U.N.C.” (January 24, 2022)
• LandmarkCases.org: Regents of the U. of California v. Bakke (1978)

How to Conduct a Moot Court or a Mini-Moot Court:

• Classroom Guide to Moot Courts
• Mini-Moot Courts Resource Bundle and Video