A New Legal Blitz on Affirmative Action

Inside Higher Ed

Liam Knox

September 20, 2023

The Supreme Court’s June decision striking down race-conscious admissions may have been the most significant higher ed case in years, providing a concrete answer to questions that have spurred dozens of court cases since the 1990s. But it hardly put an end to the legal fight over affirmative action.

In fact, the outcome has unleashed a stream of new challenges to colleges’ race-conscious policies and revived cases that had been dismissed or lost before the ruling was handed down.

Just yesterday, Students for Fair Admissions, the group that spearheaded the Supreme Court cases against Harvard University and the University of North Carolina, filed a lawsuit challenging the race-conscious admissions policies of the U.S. Military Academy at West Point. SFFA began building the case after the Supreme Court left open the possibility that military colleges could be exempt from the affirmative action ruling due to their “potentially distinct interests” in enrolling racially diverse student bodies.

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