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modern American jurisprudence, it typically imposes remedies against discrimination on the basis of, at the very least, race, creed, color, and national origin.6
In two pending cases before the Court, the Justices will have to address how the concept of affirmative action is currently applied in admissions processes of institutions of higher education and whether or not those processes violate equal protection laws.7 The outcome of this decision could potentially result in the end of affirmative action as we know it.8 This article will discuss the evolution of affirmative action and its impact, the pending cases before the Court, and the potential conclusion of the Court and how that outcome may have overreaching implications for diversity in higher education and the workforce generally
II. Evolution of Affirmative Action
A recent article written by Meera E. Deo, JD, Ph.D., entitled The End of Affirmative Action, published in the North Carolina Law Review, highlights the evolution of jurisprudence surrounding affirmative action.9 The United States Supreme Court’s analysis of affirmative action began in 1978 with Regents of the University of California v. Bakke (“Bakke”).10 Bakke has been noted as one of the most significant decisions regarding
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Affirmative Action, Legal Information Institute, https://www.law.cornell.edu/wex/affirmative_action (last visited March 7, 2022).
See, Students of Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 142 S. Ct. 895 (2022); see also Students of Fair Admissions, Inc. v. University of North Carolina 142 S. Ct. 896 (2022).
Adam Liptak & Anemona Hartocollis, Supreme Court Will Hear Challenge to Affirmative Action at Harvard and UNC https://www.nytimes.com/2022/01/24/us/politics/supreme-court-affirmative-action-harvard-unc.html (last visited March 2, 2022).
Meera E. Deo, The End of Affirmative Action 241-243 (100 NCL Rev. 237 2021). Id. at 241; Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978).
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