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Old Dilemmas, New Guises: Developing An Anti-Subordination Reading Of Students For Fair Admissions V. Harvard, Eric Szkarlat
Old Dilemmas, New Guises: Developing An Anti-Subordination Reading Of Students For Fair Admissions V. Harvard, Eric Szkarlat
Fordham Law Review Online
In 2022, the U.S. Supreme Court will again hear arguments on the constitutionality of race-conscious affirmative action in college admissions. This outcome was far from foretold: the late Justice Ruth Bader Ginsburg had suggested the Court might never take up affirmative action in admissions again. Yet after dragging its feet on granting certiorari, the Court agreed to hear Students for Fair Admissions (SFFA) v. Harvard. This time, however, the case has a substantially different and quite controversial posture. That posture centers on alleged discrimination against Asian and Pacific American (APA) students applying to college. Some APA students are divided …