Today marks two years since the U.S. Supreme Court issued its decision in Students for Fair Admissions v. Harvard/UNC (SFFA), which prohibited the limited use of race in the admissions processes at Harvard College and the University of North Carolina at Chapel Hill (UNC). The Legal Defense Fund (LDF) represented a multi-racial coalition of Harvard student and alumni organizations, which participated in the lawsuit against Harvard as amici curiae (or “friends of the court”) in the trial and appellate court proceedings, including before the United States Supreme Court. LDF also submitted an amicus brief to the Supreme Court on behalf of itself and the NAACP in the UNC case.
On the second anniversary of the SFFA decision, LDF issued the following statement about the current, widespread attacks against policies, programs, and legal protections that advance racial justice:
“The Supreme Court’s decision in SFFA marked an ignominious moment in the ongoing struggle for racial justice in America. By striking down the modest consideration of race in Harvard’s and UNC’s undergraduate admissions programs, the court ignored decades of legal precedent and placed a significant barrier in front of talented and hardworking students who deserve a fair chance to access educational opportunities that could have life-changing consequences.
“Over the last two years, we have seen opponents of civil rights mischaracterize the SFFA ruling to justify harmful actions that go far beyond the scope of the decision — attacking diversity, equity, inclusion, and accessibility programs in both the public and private sectors, targeting racial equity initiatives throughout the government, and attempting to rewrite the meaning of equal protection. These efforts directly contradict the values and principles that undergird our multi-racial democracy. In the face of these widespread attacks, LDF reaffirms its deep and unwavering commitment to ensure that resources and opportunities are equally available to everyone, rather than hoarded by the privileged few.
“LDF has used — and will continue to use — every tool at its disposal to fight against efforts to further entrench discrimination and segregation into America’s educational and economic systems. We have successfully challenged the Trump administration’s efforts to bully schools into adhering to a distorted reading of the law. We’ve also challenged executive orders attacking equity initiatives, educated stakeholders about the legal obligations of schools and employers to follow civil rights laws, and provided tools and resources for people to advocate for racial justice on behalf of themselves and their communities.
“The SFFA decision was not the first time racial justice progress was met with backlash and regression — and it will not be the last. But the possibilities of a better future are limitless if we all stand up and speak out together in the continuing struggle for racial equality. With that vision of a better future in mind, LDF remains steadfast in our mission to defend and advance the full dignity and citizenship of Black people in America.”
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Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Equal Protection Initiative seeks to defend and advance the proper interpretation of the Equal Protection Clause and anti-discrimination law so that we can all continue to advance equal opportunity for all. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957 — although LDF was originally founded by the NAACP and shares its commitment to equal rights.
