When President Biden nominated Ketanji Brown Jackson for the U.S. Supreme Court, it seemed like a major civil rights victory. But that victory could feel like a bitter irony this fall, when the high court hears two cases that will likely obliterate affirmative action. If Jackson gets approved by the Senate, she will probably be making two…

In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

The United States and Brazil have histories of colonization, slavery, and racial inequalities. In addition, both countries have adjudicated cases centered on the use of affirmative action admissions policies in higher education but with differing results. The constitutional court of Brazil, the Supremo Tribunal Federal, ruled universities could…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…