We argue that Alasdair MacIntyre's description of Justice Sandra Day O'Connor as an exemplar of practical reasoning, who envisions the contextual and consensual balancing of different goods according to the further good of the American social order, enables a reinterpretation of O'Connor's majority opinion in "Grutter v. Bollinger," the…

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…

In a plurality opinion in the 1978 Supreme Court case Regents of the University of California v. Bakke, Justice Lewis Powell held that colleges and universities could consider an applicant's race in the admissions process in order to attain a diverse student body. In a pair of cases that will be decided in the current term, the Supreme Court has…

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…

The purpose of this paper is to document the indirect effects of the Texas Top Ten Percent Plan on professional school degrees awarded and to propose the far reach of the law as an alternative argument in support of race-conscious admissions policies challenged under the strict scrutiny standard. Designed around the two tests of strict scrutiny,…

In its 2023 decision in "Students for Fair Admissions v. Harvard," the Supreme Court effectively ended its approval of affirmative action in higher education admissions, holding that practices at Harvard and the University of North Carolina (UNC) were unlawful. The Court concluded that UNC's practices violated the guarantee of equal…

Affirmative action, a practice used since the 1960s to edge toward equity and address historical and ongoing injustice through higher education attainment, was struck down last month by the Supreme Court of the United States (SCOTUS). The immediate and longer term direct and indirect impacts of this ruling are vast and, in some cases, murky. In…

In June, the U.S. Supreme Court brought to a close the country's decades-long experiment in affirmative action in a pair of closely watched cases--"Students for Fair Admissions v. President and Fellows of Harvard College" and "Students for Fair Admissions v. University of North Carolina"--and overturned the use of racial…

The Supreme Court is taking up affirmative action at colleges and universities for the sixth time in 50 years. In that litany, an early case was the University of California vs. Bakke. Bakke complained about being denied admission to the university's medical school because seats were guaranteed for minority applicants, thus barring the door to him…

Many institutions of higher learning aim to promote greater racial diversity to harness learning benefits and foster a sense of inclusion. Nevertheless, the institutional pursuit of racial diversity is difficult to benchmark. The current constitutional boundary limits the use of race to promote the diversity in college admissions to a…

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…

Following the U.S. Supreme Court's 2023 decision in "SFFA v. Harvard" to upend nearly fifty years of legal precedent for race-conscious admissions, this article summarizes arguments grounded in decades of social science research that sought to dispel the erroneous claims put forth by the plaintiffs. In critiquing the inaccuracies and…

In response to disparities in postsecondary access, governments have enacted policies to facilitate the admission of traditionally underrepresented students. Known as affirmative action in the United States, the legal justification of this approach has varied. This article describes the legal and political history of affirmative action, the social…

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…