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August 29, 2023

Stride: "The Supreme Court's Affirmative Action Cases and the Impact on Diversity Initiatives"

Dena DeFazio, associate and co-chair of the New York State Bar Association (NYSBA) Diversity, Equity, and Inclusion (DEI) Committee, had her “The Supreme Court’s Affirmative Action Cases and the Impact on Diversity Initiatives” article published in Stride, the NYSBA DEI Committee’s newsletter. The article explores the US Supreme Court’s decisions in Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, both of which challenged the legality of affirmative action policies intended to promote racial diversity in higher education.

“Importantly, the Supreme Court’s decision not only impacts diversity efforts on college and university campuses, but also impacts efforts to ensure equity between students in higher education. While removing race as a factor to be considered in the admissions process, the Supreme court left other types of admissions preferences—such as legacy status, athletic recruitment, and financial aid eligibility—in place, many of which benefit white applicants to the exclusion of others. By removing race from the college admissions equation while still allowing consideration of other admissions preferences that benefit white students, the Court’s ‘colorblindness for all’ approach actively works against the equity in diversity, equity, and inclusion.”

The full article is available on pp. 7 and 8 here.


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