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Asian Americans and U.S. Law

Students for Fair Admissions (SFAA) v. Harvard, 142 S. Ct. 2141 (2023)

Supreme Court | US Law | LII / Legal Information Institute

Unfortunately our casebook format does not allow editing on an opinion not yet available for citation in the official U.S. Reports. This link to Cornell's LII site (an excellent resource for free access to statutes and cases) does contains the full opinion with handy jumpcites to the six separate lengthy opinions. 

Please read at least the full syllabus of the majority opinion for six Justices, by Chief Justice Roberts.

At the end of the syllabus is a useful "line up" of other opinions and their joining Justices. You might find the reasoning of Justice Thomas' concurrence (for just himself) interesting; he writes "separately to offer an originalist defense of the colorblind Constitution; to explain further the flaws of the Court’s Grutter jurisprudence; to clarify that all forms of discrimination based on race—including so-called affirmative action—are prohibited under the Constitution; and to emphasize the pernicious effects of all such discrimination."

You may find the starkly different understanding of the law of EPC, the role of precedent, and their understanding of facts of the country's progress toward "equality" an illuminating contrast. Justice Sotomayor wrote the dissent in the Harvard case (joined by Justice Kagan; Justice Brown recused herself), and Justice Brown wrote the dissent in the companion public school UNC case (joined by Justices Kagan and Sotomayor).