Supreme Court of the United States
March 1, 2021
20-1199 and 21-707
On Appeal: oral arguments held, decisions pending.
A nonprofit representing Asian-American students sued Harvard for discriminating against Asians in admissions decisions. A similar suit was filed against the University of North Carolina, a public university. The cases have exposed the dirty little secret of higher-education admissions: achieving a desired “diverse” racial mix means discriminating against Asian applicants. Now before the Supreme Court, the cases challenges the high court’s holding in Grutter v. Bollinger, 539 U.S. 306 (2003), in which the Supreme Court held that it does not violate Equal Protection for schools to consider applicants’ race in order to promote “diversity”. The two cases, which were previously consolidated, were separated after Justice Ketanji Jackson joined the Court; Justice Jackson is a Trustee of Harvard and conflicted out of hearing the Harvard case.
Brief amicus curiae of Legal Insurrection Foundation, May 9, 2022
Johanna Markind, SCOTUS Affirmative Action Reply Briefs: Harvard and UNC Make Arguments Similar To Segregationists, LEGAL INSURRECTION (August 26, 2022).
Johanna Markind, ADL’s SCOTUS Brief: Harvard’s Discriminatory Admissions Policies OK Because College Meant Well, LEGAL INSURRECTION (August 7, 2022).
Mike LaChance, Harvard and UNC Continue Defending the Use of Race in Admissions, LEGAL INSURRECTION (August 6, 2022).
William A. Jacobson, Higher Ed Establishment v. Asian Students at SCOTUS, LEGAL INSURRECTION (Aug 3, 2022).
William A. Jacobson and Johanna E. Markind, Higher ed unites against Asian students in Supreme Court’s Harvard discrimination case, NEW YORK POST (August 3, 2022).
Johanna Markind, Harvard SCOTUS Case: American Bar Association Supports “Race-Conscious Admissions Policies”, LEGAL INSURRECTION (August 2, 2022).
Johanna Markind, SCOTUS Splits Up Affirmative Action Cases So KBJ Can Participate On UNC, After She Recused From Harvard Case, LEGAL INSURRECTION (July 26, 2022).
William A. Jacobson, Our SCOTUS Brief: “The Grand Judicial Experiment of Excusing Racial Discrimination in University Admissions … Has Failed”, LEGAL INSURRECTION (May 9, 2022).
William A. Jacobson, Supreme Court Agrees To Hear Harvard and UNC Affirmative Action Cases, LEGAL INSURRECTION (January 24, 2022).