Background
On June 29, 2023, the United States Supreme Court issued its decisions in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively, the “SFFA decision”). The Court held that Harvard University and the University of North Carolina at Chapel Hill violated the Equal Protection Clause of the Fourteenth Amendment of the Constitution and Title VI of the Civil Rights Act of 1964 by impermissibly using race-conscious admissions processes.
In anticipation of the SFFA decision, the New York State Bar Association (NYSBA) appointed its Task Force on Advancing Diversity with the aim of providing prompt guidance on a post-decision path forward for members of the legal profession committed to the benefits of diversity in the profession. In September 2023, mere months after the SFFA decision, the Task Force issued its comprehensive report.
The NYSBA Report characterizes the SFFA decision as a “setback to efforts to achieve diversity throughout all echelons of American life” and simultaneously a “call to action for those committed to the principles of DEI.” It is a valuable resource that provides a broad roadmap of how stakeholders in the legal profession can move ahead in the aftermath of the decision.
The NYSBA Report discusses the importance and benefits of diversity in three segments of the legal profession: (1) academia – law schools and other higher education institutions; (2) private employers – corporations and law firms; and (3) the judiciary. It then examines the implications of the SFFA decision and provides specific recommendations and guidance for each of the three segments. With the adoption of Resolution 402, these recommendations and guidance now constitute official policy of the ABA.