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…

Education is the value proposition that provides individuals the opportunity to become meaningful contributors to society, their community, and their immediate families. It is the calling card of personal achievement and individual intrinsic benefits. Education is about access and opportunity. Institutions continue to navigate strategies of access…

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…

The racial diversification of America's higher education system has been at the forefront of legal argument for the last seventy-five years. Ground-breaking decisions birthed the inclusion of affirmative action policies in higher education after the enactment of the Civil Rights Act of 1964. In recent years, both the utility and constitutionality…

This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…

It will come as no surprise to most admission professionals that enrollment pressures related to the economic downturn of the last five years have placed American postsecondary education in the middle of a spinning plate, slipping and sliding as it tries to accommodate more students with fewer financial resources from federal and state…

Diversity today is considered central to the capacity of postsecondary institutions to thrive in an increasingly multiracial and multiethnic society. However, as universities take steps to reap the educational benefits of racial and ethnic diversity, legal decisions and state laws increasingly restrict the tools these institutions have…

The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…

By accepting two appeals on the voluntary use of race in assigning students to public schools, the U.S. Supreme Court will likely decide the constitutionality of widespread practices that school districts use to promote diversity. And the decision could affect schools in unforeseen ways. In both cases, parents of white children have challenged…

Asserts that conservatives in the U.S Supreme Court failed to see that affirmative action in higher education is an important and constitutionally protected institutional liberty, suggesting that Grutter v. Bollinger was correctly decided, and Gratz v. Bollinger was a mistake (but not a disaster). Suggests that such difficult issues should not be…

The importance of diversity and inclusion to higher education was the focus of intense legal and social scientific analysis in the decisions of the United States Supreme Court concerning affirmative action at the University of Michigan. The leadership of higher education and several other sectors of society offered overwhelming support, and a…

For people concerned with the future of diversity in the United States, the month of June 2003 was a momentous watershed. Nearly four decades earlier, President Lyndon B. Johnson first advocated affirmative action as a means to "seek not just freedom, but opportunity." June 2003 also saw the 25th anniversary of the U.S. Supreme Court's…

On July 28, 2006, a panel of experts briefed members of the U.S. Commission on Civil Rights on the putative benefits of racial and ethnic diversity in elementary and secondary education. Four experts presented written statements to the Commissioners that assessed the social science literature on this issue. They also addressed whether or not…