On behalf of the Californians for Equal Rights Foundation, we filed with the Supreme Court this amicus brief, supporting the petition for certiorari before judgment filed by Students for Fair Admissions.
The Court should take up the UNC case along with the Harvard one (whose consideration remains pending). They present a once-a-generation chance to correct previous errors, restore equal protection, and rid America of racial discrimination at both private and public colleges and universities. Harvard is the nation’s oldest private college and created the template for race-conscious admissions that has spread nationwide. UNC is America’s oldest public university and has enthusiastically embraced that model, even rejecting race-neutral alternatives that would increase the percentage of “under-represented minorities” on campus.
Simply put, together, these institutions’ cases present a fitting setting for the Supreme Court to finally resolve the tension in our law it created in crafting its prior decisions around an inexcusable, incomprehensible exception allowing these illegal, unconstitutional, racist policies to take root. Doing so would bring our jurisprudence back into accord with the mainstream, bipartisan majority of the American people’s settled understanding on the subject of race-based admissions.