Page 24 - 2022 OAD First Monday Journal

A Spectator’s Primer

No. 20-1199

In the Mock Supreme Court of the United States

Students for Fair Admissions, Petitioner

v.

President and Fellows of Harvard College, Respondent

INTRODUCTION

This is a hypothetical case based upon an actual case scheduled for argument on October 31, 2022

in the United States Supreme Court. During this term, the United States Supreme Court will hear two

cases challenging affirmative action in higher education. Although long-standing precedent upholds the

consideration of race in college admissions, these cases will likely determine the future of affirmative
action in higher education in this country.
1
The questions presented are as follows:

(1) whether the Court should overrule Grutter v. Bollinger, 539 U.S. 306 (2003) and hold that
institutions of higher education cannot use race as a factor in admissions; and

(2) whether Harvard College is violating Title VI of the Civil Rights Act of 1964 by penalizing Asian

American applicants, engaging in race balancing, overemphasizing race and rejecting workable race-

neutral alternatives.

1 The Harvard and University of North Carolina cases will be heard separately. Justice Jackson has recused herself from the Harvard case
due to her alumni affiliation and service on the Board of Overseers.
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