The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

Affirmative Action in higher education exemplifies interest convergence, and beyond this, interest divergence and imperialistic reclamation. Diversity initiatives, such as the Inclusive Excellence initiative, have adopted key strategies and reasoning developed in Affirmative Action Supreme Court cases. This paper shows how semantic concessions and…

In her 2024 State of the State address, New York Governor Kathy Hochul introduced the Top 10% Promise, a policy offering New York students ranked in the top 10% of their high school class direct admission to the State University of New York (SUNY) system. "Access to higher education," she said, "has the potential to transform the…

As the fight over diversity-oriented postsecondary strategies like race-conscious admissions (commonly known as affirmative action) continues to play out in the courts with new legal cases, it is critical to better understand the ways policy actors in this arena are leveraging social science research and other types of sources in their organized…

Most education and legal scholarship overlook gendered-race themes in pre-Brown v. Board of Education desegregation higher education cases that remain relevant to examining post-"Brown" race-conscious admissions cases. The author engaged critical race feminism to create a counterstory with Ada Lois Sipuel Fisher, a U.S. Supreme Court…

Affirmative Action is a contested concept in the United States (U.S.). "Fisher v. the University of Texas" (UT) is a key recent case focused on Fisher, a White woman, an alleged victim of discrimination. Fisher spurred online discussion about race as a factor in university admissions. The authors analyzed 13,158 tweets using #StayMadAbby…

Affirmative action is a topic that has been a flashpoint amongst policymakers, lawmakers, and the public since President Kennedy introduced the phrase in 1961. Within education, a legal status quo has been in place since the Supreme Court's ruling in "Regents of the University of California v. Bakke" (1978), banning strict racial quotas…

I conduct a series of analyses aimed at assessing equity in selective American colleges over a 20+ year time frame. My main measures of equity are enrollment and completion in selective colleges, which I disaggregate by race/ethnicity. After creating an institutional-level panel data set with variables on college revenues and expenses, tuition,…

Ongoing sociolegal conflicts over affirmative action in race-conscious admissions in U.S. higher education have significant modern-day relevance. This article, informed mainly by Asian American women's scholarship, explores discourse in U.S. Supreme Court rulings and oral arguments and how litigation actors continue to recycle this discourse in…

Despite being academically unqualified for admission to the University of Texas at Austin, Abigail Fisher, a White female, argued that she was not admitted due to the university's diversity policy. In addition to framing postsecondary admissions as a zero-sum phenomenon, Ms. Fisher intentionally frames students of color who are admitted to the…

The policies, priorities, and productivity of postsecondary admission offices are under a great deal of scrutiny. The current realities range from the pressures of tuition-driven institutions to deliver the majority of the university budget each fall, to more selective institutions wrestling with standards of which applicants to accept amid…

This essay examines the significance of the fortuitous Fisher v. University of Texas Supreme Court decision within a broader historical framework of similar affirmative action legal disputes. The author locates Fisher among a historical trajectory of manoeuvres intended to destabilise modest Civil Rights Era advances toward racial justice.…