AFFIRMATIVE ACTION AND THE LAW

This chapter provides a legal snapshot of the use of affirmative action (AA). It examines the US Supreme Court’s Bakke decision, as well as the Court’s 2003 decisions in two University of Michigan cases. The chapter examines the Court’s decisions in Fisher. It also looks at the lower court decisions in a case that is currently before the High Court, Students for Fair Admissions v. Harvard. In 2003, marking the 25th anniversary of the Bakke decision, the US Supreme Court ruled on two AA cases involving the University of Michigan. The High Court also argued that strict scrutiny continues to apply as the marker for whether AA programs meet constitutional standards. The US Supreme Court is currently considering a consolidated case, Students for Fair Admissions (SFFA) v. Harvard, which will determine whether race-based AA programs will be banned in higher education.