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Colorblind Capture, Jonathan Feingold
Colorblind Capture, Jonathan Feingold
Faculty Scholarship
We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.
The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed or …
Brief Of Legal Scholars Defending Race-Conscious Admissions As Amici Curiae In Support Of Respondents, Sffa V. Harvard (20-1199) And Sffa V. University Of North Carolina At Chapel Hill (21-707), Jonathan Feingold, Vinay Harpalani
Brief Of Legal Scholars Defending Race-Conscious Admissions As Amici Curiae In Support Of Respondents, Sffa V. Harvard (20-1199) And Sffa V. University Of North Carolina At Chapel Hill (21-707), Jonathan Feingold, Vinay Harpalani
Faculty Scholarship
Legal Scholars Defending Race-Conscious Admissions uplift two underappreciated dynamics in the subject litigation challenging race-conscious admissions at Harvard and UNC:
1) Petitioner Students for Fair Admissions (“SFFA”) conflates two discrete claims against Harvard: (a) an intentional discrimination (or “negative action”) claim alleging that anti-Asian bias benefits white applicants and (b) a standard affirmative action challenge. SFFA blurs these claims to scapegoat and stigmatize affirmative action as a practice that pits Asian Americans against other students of color. Yet, SFFA belies its own narrative. According to SFFA’s own expert, anti-Asian bias—to the extent it exists—is caused by "colorblind" components of the …