Students for Fair Admissions Inc. v. President & Fellows of Harvard College

Docket No.	Argument	Opinion	Vote	Author	Term
20-1199	Oct 31, 2022	Jun 29, 2023	6-2	Roberts	OT 2022

Holding: The admissions programs at Harvard College and the University of North Carolina violate the equal protection clause of the 14th Amendment.

Judgment: Reversed, 6-2, in an opinion by Chief Justice Roberts on June 29, 2023. Justice Thomas filed a concurring opinion. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Kavanaugh filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined. Justice Jackson took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Supreme Court strikes down affirmative action programs in college admissions (Amy Howe, June 29, 2023)
Affirmative action appears in jeopardy after marathon arguments (Amy Howe, October 31, 2022)
The court is poised to set jurisprudence on race for generations and not just in affirmative action (James Romoser, October 30, 2022)
A guide to the amicus briefs in the affirmative-action cases (Ellena Erskine, Angie Gou, and Elisabeth Snyder, October 29, 2022)
The court should relegate racial discrimination in higher education to the dustbin of history (Zach West and Bryan Cleveland, October 28, 2022)
Being race-conscious is a necessary and effective tool to address racism and discrimination including for Asian Americans (Bethany Li, October 28, 2022)
On being original: Racial classifications and the fallacy of a certain strain of progressive originalism (Devon Westhill, October 28, 2022)
A business perspective: Diversity in university admissions is a compelling interest (Michael R. Dreeben, Natalie Camastra, and Kelly Kambourelis, October 27, 2022)
In higher education and beyond, race-based policies stifle individualism and ultimately harm everyone (Wen Fa, October 27, 2022)
Diversity by diktat: An obscure 1977 OMB memo forms the basis for todays affirmative-action programs (David Bernstein, October 26, 2022)
The history of anti-Black discrimination in higher education and the myth of a color-blind Constitution (Danielle R. Holley, October 26, 2022)
In cases challenging affirmative action, court will confront wide-ranging arguments on history, diversity, and the role of race in America (Amy Howe, October 26, 2022)
Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
Court will hear affirmative-action challenges separately, allowing Jackson to participate in UNC case (Amy Howe, July 22, 2022)
The rise of certiorari before judgment (Steve Vladeck, January 25, 2022)
Court will hear challenges to affirmative action at Harvard and University of North Carolina (Amy Howe, January 24, 2022)
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field (Amy Howe, January 15, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
Justices add new cases on bankruptcy, workers comp, and relief from final judgments (Amy Howe, January 10, 2022)
Justices request governments views on Harvard affirmative-action dispute (Amy Howe, June 14, 2021)
Affirmative action at Harvard, border searches and pedestrian safety (Andrew Hamm, February 26, 2021)

Date	Proceedings and Orders (key to color coding)
02/25/2021	Petition for a writ of certiorari filed. (Response due March 31, 2021)
03/03/2021	Motion to extend the time to file a response from March 31, 2021 to May 17, 2021, submitted to The Clerk.
03/04/2021	Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2021.
03/23/2021	Brief amici curiae of Gail Heriot and Peter N. Kirsanow filed.
03/25/2021	Brief amicus curiae of Southeastern Legal Foundation filed.
03/25/2021	Brief amicus curiae of Professor David E. Bernstein filed.
03/26/2021	Brief amicus curiae of Economists in Support of Petitioner filed.
03/29/2021	Brief amicus curiae of National Association of Scholars filed.
03/30/2021	Brief amicus curiae of Speech First filed.
03/30/2021	Brief amicus curiae of Texas filed.
03/30/2021	Brief amici curiae of Pacific Legal Foundation, Reason Foundation, Center for Equal Opportunity, Individual Rights Foundation, Chinese American Citizens Alliance - Greater New York, Coalition for TJ, and Yi Fang Chen filed.
03/31/2021	Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
03/31/2021	Brief amicus curiae of Hamilton Lincoln Law Institute filed.
03/31/2021	Brief amici curiae of The Louis D. Brandeis Center for Human Rights Under Law and the Silicon Valley Chinese Association Foundation filed.
03/31/2021	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
03/31/2021	Brief amicus curiae of Former Attorney General Edwin Meese III filed.
03/31/2021	Brief amici curiae of State of Oklahoma, et al. filed.
03/31/2021	Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
03/31/2021	Brief amicus curiae of Richard Sander in support of neither filed.
03/31/2021	Brief amici curiae of The Asian American Coalition For Education and The Asian American Legal Foundation filed.
03/31/2021	Brief amicus curiae of The Californians for Equal Rights Foundation filed.
03/31/2021	Brief amicus curiae of Former Federal Officials of the Department of Education's Office for Civil Rights filed.
03/31/2021	Brief amicus curiae of The Liberty Justice Center filed.
05/17/2021	Brief of respondent President and Fellows of Harvard College in opposition filed.
05/19/2021	Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
05/24/2021	Reply of petitioner Students for Fair Admissions, Inc. filed. (Distributed)
05/25/2021	DISTRIBUTED for Conference of 6/10/2021.
06/14/2021	The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
12/08/2021	Amicus brief of United States not accepted for filing. (December 09, 2021 - to be corrected and reprinted)
12/08/2021	Brief amicus curiae of United States filed.
12/21/2021	Supplemental brief of respondent President and Fellows of Harvard College filed. (Distributed)
12/22/2021	DISTRIBUTED for Conference of 1/7/2022.
12/22/2021	Supplemental brief of petitioner Students for Fair Admissions, Inc. filed. (Distributed)
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/18/2022	DISTRIBUTED for Conference of 1/21/2022.
01/24/2022	Petition GRANTED. The petition for a writ of certiorari in No. 21-707 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
01/24/2022	Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1199. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1199. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
02/02/2022	Joint motion for an extension of time to file the briefs on the merits filed. VIDED.
02/02/2022	Application (21A393) of petitioner to file consolidated opening and reply briefs on the merits in excess of the word limits, submitted to The Chief Justice. VIDED.
02/04/2022	Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 2, 2022. The time to file respondents' briefs on the merits is extended to and including July 25, 2022. VIDED.
02/07/2022	Notice of Change of Address of Speech First not accepted for filing. (February 15, 2022)
02/08/2022	Application (21A393) of petitioner to file consolidated opening and reply briefs on the merits in excess of the word limits granted by The Chief Justice. VIDED.
03/25/2022	Blanket Consent filed by Petitioner, Students for Fair Admissions, Inc.
03/25/2022	Blanket Consent filed (in 21-707) by Respondent, Cecilia Polanco, et al.
03/28/2022	Blanket Consent filed by Respondent, President and Fellows of Harvard College
03/31/2022	Blanket Consent filed by Respondent, The University of North Carolina, et al.
05/02/2022	Brief of petitioner Students for Fair Admissions, Inc. filed. VIDED.
05/02/2022	Joint appendix -4 Volumes (as to 20-1199) filed (statement of costs filed).
05/02/2022	Motion for leave to file Volume IV of the joint appendix under seal filed by respondents Cecilia Polanco, et al. (as to 21-707).
05/02/2022	Proposal of petitioner to lodge declarations of SFFA President and identified members recently denied admission to Harvard and UNC filed. VIDED.
05/02/2022	Joint appendix - 3 volumes (as to 21-707) filed (statement of costs filed).
05/03/2022	Brief amici curiae of The Liberty Justice Center and Momoko Takahashi filed. VIDED.
05/03/2022	Brief amicus curiae of Professor David E. Bernstein filed. VIDED.
05/04/2022	Brief amicus curiae of Southeastern Legal Foundation filed (in 20-1199).
05/05/2022	Brief amicus curiae of Professor Fiona A. Harrison in Support of Neither Party filed.
05/05/2022	Brief amicus curiae of The Louis D. Brandeis Center for Human Rights Under Law and the Silicon Valley Chinese Association Foundation filed. VIDED.
05/05/2022	Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
05/06/2022	Brief amicus curiae of Speech First filed. VIDED.
05/06/2022	Brief amicus curiae of LONANG Institute filed. VIDED.
05/06/2022	Brief amicus curiae of National Association of Scholars filed. VIDED.
05/06/2022	Brief amici curiae of Former Federal Officials of the Department of Education's Office for Civil Rights filed. VIDED.
05/09/2022	Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. VIDED.
05/09/2022	Brief amici curiae of Economists in Support of Petitioner filed. VIDED.
05/09/2022	Brief amici curiae of Hamilton Lincoln Law Institute filed. VIDED.
05/09/2022	Brief amicus curiae of Veterans for Fairness and Merit filed. VIDED.
05/09/2022	Brief amici curiae of American Center for Law & Justice and Devon Westhill filed. VIDED.
05/09/2022	Brief amici curiae of United States Senators and Representatives filed. VIDED.
05/09/2022	Brief amicus curiae of The Californians for Equal Rights Foundation filed. VIDED.
05/09/2022	Brief amici curiae of Oklahoma, et al. filed. VIDED.
05/09/2022	Brief amicus curiae of America First Legal Foundation in support of neither party filed.
05/09/2022	Brief amicus curiae of Project 21 filed. VIDED.
05/09/2022	Brief amicus curiae of Jewish Coalition for Religious Liberty in support of neither party filed.
05/09/2022	Brief amicus curiae of Defense of Freedom Institute for Policy Studies filed. VIDED.
05/09/2022	Brief amici curiae of Mark Keith Robinson and Winsome Earle-Sears filed. VIDED.
05/09/2022	Brief amici curiae of Gail Heriot, et al. filed. VIDED.
05/09/2022	Brief amicus curiae of Claremont Institutes Center for Constitutional Jurisprudence filed.VIDED
05/09/2022	Brief amicus curiae of Former Attorney General Edwin Meese III filed. VIDED.
05/09/2022	Brief amicus curiae of Legal Insurrection Foundation filed. VIDED.
05/09/2022	Brief amicus curiae of The State of Texas filed. VIDED.
05/09/2022	Brief amici curiae of The Asian American Coalition For Education and The Asian American Legal Foundation filed. VIDED.
05/09/2022	Brief amicus curiae of Foundation Against Intolerance & Racism filed.
05/09/2022	Brief amicus curiae of Freedom X filed. VIDED.
05/09/2022	Brief amicus curiae of Richard Sander filed. VIDED.
05/09/2022	Brief amici curiae of Ann M. Killenbeck, et al. filed. VIDED.
05/09/2022	Brief amicus curiae of Parents Defending Education filed. VIDED.
06/13/2022	Motion of respondents Cecilia Polanco, et al. for leave to file Volume IV of the joint appendix in No. 21-707 under seal GRANTED.
07/19/2022	Brief amicus curiae of David Boyle filed. VIDED.
07/22/2022	This case is no longer consolidated with No. 21-707, Students for Fair Admissions v. University of NC, et al., and one hour is allotted for oral argument. Justice Jackson took no part in the consideration of this order.
07/25/2022	Brief of respondent President and Fellows of Harvard College filed.
07/25/2022	Brief amici curiae of 25 Harvard Student and Alumni Organizations filed.
07/27/2022	Amici brief of Human Rights Advocates, et al. not accepted for filing. (July 29, 2022 - to be reprinted and resubmitted for cover error.)
07/27/2022	Brief amici curiae of Human Rights Advocates, et al. filed. VIDED. (Aug. 3, 2022)
07/28/2022	Brief amici curiae of Association of American Medical Colleges, et al. filed. VIDED.
07/29/2022	Brief amici curiae of 1,241 Social Scientists and Scholars on College Access, et al. filed.
07/29/2022	Brief amici curiae of 25 Diverse, California-Focused Bar Associations, et al. filed. VIDED.
07/29/2022	Brief amicus curiae of HR Policy Association filed. VIDED.
07/29/2022	Brief amicus curiae of The Council of the Great City Schools filed. VIDED.
07/29/2022	Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.
08/01/2022	Brief amici curiae of National Asian Pacific American Bar Association, et al. and National LGBTQ+ Bar Association filed. VIDED.
08/01/2022	Amicus brief of Professors of Economics not accepted for filing. (Corrected brief and PDF to be submitted.)
08/01/2022	Brief amici curiae of Professors of Economics filed. (Aug. 16, 2022)
08/01/2022	Brief amicus curiae of The American Bar Association filed. VIDED.
08/01/2022	Brief amicus curiae of Anti-Defamation League filed.
08/01/2022	Brief amici curiae of The American Psychological Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of National School Boards Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of American Educational Research Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Admissions and Testing Professionals filed. VIDED.
08/01/2022	Amici brief of Admissions and Testing Professionals not accepted for filing. (August 31, 2022--Duplicate submission.)
08/01/2022	Brief amicus curiae of National Black Law Students Association filed. VIDED.
08/01/2022	Brief amici curiae of National Women's Law Center and 37 Additional Organizations Committed to Race and Gender Equality filed. VIDED.
08/01/2022	Brief amici curiae of Asian Americans Advancing Justice, et al. filed. VIDED.
08/01/2022	Brief amici curiae of American Association for Access, Equity and Diversity and Fund for Leadership, Equity, Access and Diversity filed. VIDED.
08/01/2022	Brief amici curiae of HBCU Leaders and National Association for Equal Opportunity in Higher Education filed. VIDED.
08/01/2022	Brief amici curiae of Massachusetts Institute of Technology, et al. filed. VIDED.
08/01/2022	Brief amicus curiae of National Academy of Education filed. VIDED.
08/01/2022	Brief amici curiae of American G.I. Forum, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Deborah Cohen and 67 Other Professors filed. VIDED.
08/01/2022	Brief amici curiae of Georgetown University, et al. filed. VIDED.
08/01/2022	Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
08/01/2022	Brief amicus curiae of United States filed.
08/01/2022	Brief amici curiae of College Board, et al. filed. VIDED.
08/01/2022	Brief amici curiae of United States Senators and Former Senators filed. VIDED.
08/01/2022	Brief amici curiae of Students and Alumni of Harvard College filed.
08/01/2022	Brief amici curiae of President and Chancellors of the University of California filed. VIDED.
08/01/2022	Brief amici curiae of Multicultural Media, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. VIDED.
08/01/2022	Brief amicus curiae of The Law Firm Antiracism Alliance filed. VIDED.
08/01/2022	Brief amici curiae of Amherst, Barnard, et al. filed. VIDED.
08/01/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
08/01/2022	Brief amicus curiae of American Federation of Teachers filed. VIDED.
08/01/2022	Brief amici curiae of Washington Bar Association, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Major American Business Enterprises filed. VIDED.
08/01/2022	Brief amici curiae of Robert C. "Bobby" Scott, Member of Congress, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Southern Governors filed. VIDED.
08/01/2022	Amicus brief of Empirical Scholars not accepted for filing. (Corrected brief and PDF to be submitted-- August 11, 2022)
08/01/2022	Brief amici curiae of Empirical Scholars filed. VIDED. (Aug. 11, 2022)
08/01/2022	Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (To be reprinted with new PDF submitted.)
08/01/2022	Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 10, 2022)
08/01/2022	Brief amici curiae of National Association of Basketball Coaches, et al. filed. VIDED.
08/01/2022	Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Deans of U.S. Law Schools filed. VIDED.
08/01/2022	Brief amicus curiae of The University of Michigan filed. VIDED.
08/01/2022	Brief amici curiae of Legal Scholars Defending Race-Conscious Admissions filed. VIDED.
08/01/2022	Brief amici curiae of Brown University, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Applied Materials, Inc., et al. filed. VIDED.
08/01/2022	Brief amici curiae of Professors of History and Law filed. VIDED.
08/01/2022	Brief amici curiae of Massachusetts et al. filed. VIDED.
08/01/2022	Brief amici curiae of Adm. Charles S. Abbot, et al. filed. VIDED.
08/01/2022	Brief amici curiae of Black Women Law Scholars filed. VIDED.
08/01/2022	Brief amici curiae of Individual Scientists filed. VIDED.
08/01/2022	Brief amici curiae of Faith Organizations, et al. filed. VIDED.
08/01/2022	Amicus brief of National Education Association et al. not accepted for filing. (Corrected version submitted-- August 10, 2022)
08/01/2022	Brief amici curiae of National Education Association et al. filed. VIDED.
08/01/2022	Amicus brief of Youth Advocates and Experts on Educational Access not accepted for filing. (Corrected brief and PDF to be submitted.)
08/01/2022	Brief amici curiae of Youth Advocates and Experts on Educational Access filed. VIDED. (Aug. 11, 2022)
08/03/2022	ARGUMENT SET FOR Monday, October 31, 2022.
08/03/2022	Motion of 25 Harvard Student and Alumni Organizations, out of time, for leave to participate in oral argument as amici curiae, for divided argument, and for enlargement of time for oral argument filed.
08/04/2022	Response to motion of 25 Harvard Student and Alumni Organizations from respondent President and Fellows of Harvard College filed.
08/24/2022	Reply of petitioner Students for Fair Admissions, Inc. filed.
08/31/2022	CIRCULATED
09/09/2022	Motion of 25 Harvard Student and Alumni Organizations, out of time, for leave to participate in oral argument as amici curiae, for divided argument, and for enlargement of time for oral argument is DENIED. Justice Jackson took no part in the consideration or decision of this motion.
09/09/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
09/12/2022	Record requested from the U.S.C.A. 1st Circuit.
10/25/2022	Record from the U.S.C.A. 1st circuit is electronic and located on the First Circuit docket, also on Pacer. 1 Sealed document (AMENDED SEALED SUPPLEMENTAL APPENDIX) has been electronically filed.
10/31/2022	Argued. For petitioner: Cameron T. Norris, Arlington, Va. For respondent: Seth P. Waxman, Washington, D. C.; and Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
11/07/2022	Record received from the USDC-Massachusetts. Sealed pleadings transmitted electronically. Remainder of pleadings available on PACER.
06/29/2023	Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Kavanaugh, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Jackson, J., joined as it applies to No. 21–707. Jackson, J., filed a dissenting opinion in No. 21–707, in which Sotomayor and Kagan, JJ., joined. Jackson, J., took no part in the consideration or decision of the case in No. 20–1199. (Opinion also for No. 21-707). VIDED.
07/07/2023	Letter from counsel for amici curiae Association of American Medical Colleges, et al. received.
07/18/2023	Record returned to the U.S.C.A.-1st Circuit (sealed supplemental appendix).
07/31/2023	Judgment issued.