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

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Docket No. Op. Below Argument Opinion Vote Author Term
20-1199 1st Cir. 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

DateProceedings and Orders (key to color coding)
Feb 25 2021Petition for a writ of certiorari filed. (Response due March 31, 2021)
Mar 03 2021Motion to extend the time to file a response from March 31, 2021 to May 17, 2021, submitted to The Clerk.
Mar 04 2021Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2021.
Mar 23 2021Brief amici curiae of Gail Heriot and Peter N. Kirsanow filed.
Mar 25 2021Brief amicus curiae of Southeastern Legal Foundation filed.
Mar 25 2021Brief amicus curiae of Professor David E. Bernstein filed.
Mar 26 2021Brief amicus curiae of Economists in Support of Petitioner filed.
Mar 29 2021Brief amicus curiae of National Association of Scholars filed.
Mar 30 2021Brief amicus curiae of Speech First filed.
Mar 30 2021Brief amicus curiae of Texas filed.
Mar 30 2021Brief 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.
Mar 31 2021Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Mar 31 2021Brief amicus curiae of Hamilton Lincoln Law Institute filed.
Mar 31 2021Brief amici curiae of The Louis D. Brandeis Center for Human Rights Under Law and the Silicon Valley Chinese Association Foundation filed.
Mar 31 2021Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Mar 31 2021Brief amicus curiae of Former Attorney General Edwin Meese III filed.
Mar 31 2021Brief amici curiae of State of Oklahoma, et al. filed.
Mar 31 2021Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
Mar 31 2021Brief amicus curiae of Richard Sander in support of neither filed.
Mar 31 2021Brief amici curiae of The Asian American Coalition For Education and The Asian American Legal Foundation filed.
Mar 31 2021Brief amicus curiae of The Californians for Equal Rights Foundation filed.
Mar 31 2021Brief amicus curiae of Former Federal Officials of the Department of Education's Office for Civil Rights filed.
Mar 31 2021Brief amicus curiae of The Liberty Justice Center filed.
May 17 2021Brief of respondent President and Fellows of Harvard College in opposition filed.
May 19 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
May 24 2021Reply of petitioner Students for Fair Admissions, Inc. filed. (Distributed)
May 25 2021DISTRIBUTED for Conference of 6/10/2021.
Jun 14 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 08 2021Amicus brief of United States not accepted for filing. (December 09, 2021 - to be corrected and reprinted)
Dec 08 2021Brief amicus curiae of United States filed.
Dec 21 2021Supplemental brief of respondent President and Fellows of Harvard College filed. (Distributed)
Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 22 2021Supplemental brief of petitioner Students for Fair Admissions, Inc. filed. (Distributed)
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
Jan 24 2022Petition 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.
Jan 24 2022Because 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.”
Feb 02 2022Joint motion for an extension of time to file the briefs on the merits filed. VIDED.
Feb 02 2022Application (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.
Feb 04 2022Joint 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.
Feb 07 2022Notice of Change of Address of Speech First not accepted for filing. (February 15, 2022)
Feb 08 2022Application (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.
Mar 25 2022Blanket Consent filed by Petitioner, Students for Fair Admissions, Inc.
Mar 25 2022Blanket Consent filed (in 21-707) by Respondent, Cecilia Polanco, et al.
Mar 28 2022Blanket Consent filed by Respondent, President and Fellows of Harvard College
Mar 31 2022Blanket Consent filed by Respondent, The University of North Carolina, et al.
May 02 2022Brief of petitioner Students for Fair Admissions, Inc. filed. VIDED.
May 02 2022Joint appendix -4 Volumes (as to 20-1199) filed (statement of costs filed).
May 02 2022Motion for leave to file Volume IV of the joint appendix under seal filed by respondents Cecilia Polanco, et al. (as to 21-707).
May 02 2022Proposal of petitioner to lodge declarations of SFFA President and identified members recently denied admission to Harvard and UNC filed. VIDED.
May 02 2022Joint appendix - 3 volumes (as to 21-707) filed (statement of costs filed).
May 03 2022Brief amici curiae of The Liberty Justice Center and Momoko Takahashi filed. VIDED.
May 03 2022Brief amicus curiae of Professor David E. Bernstein filed. VIDED.
May 04 2022Brief amicus curiae of Southeastern Legal Foundation filed (in 20-1199).
May 05 2022Brief amicus curiae of Professor Fiona A. Harrison in Support of Neither Party filed.
May 05 2022Brief amicus curiae of The Louis D. Brandeis Center for Human Rights Under Law and the Silicon Valley Chinese Association Foundation filed. VIDED.
May 05 2022Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
May 06 2022Brief amicus curiae of Speech First filed. VIDED.
May 06 2022Brief amicus curiae of LONANG Institute filed. VIDED.
May 06 2022Brief amicus curiae of National Association of Scholars filed. VIDED.
May 06 2022Brief amici curiae of Former Federal Officials of the Department of Education's Office for Civil Rights filed. VIDED.
May 09 2022Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. VIDED.
May 09 2022Brief amici curiae of Economists in Support of Petitioner filed. VIDED.
May 09 2022Brief amici curiae of Hamilton Lincoln Law Institute filed. VIDED.
May 09 2022Brief amicus curiae of Veterans for Fairness and Merit filed. VIDED.
May 09 2022Brief amici curiae of American Center for Law & Justice and Devon Westhill filed. VIDED.
May 09 2022Brief amici curiae of United States Senators and Representatives filed. VIDED.
May 09 2022Brief amicus curiae of The Californians for Equal Rights Foundation filed. VIDED.
May 09 2022Brief amici curiae of Oklahoma, et al. filed. VIDED.
May 09 2022Brief amicus curiae of America First Legal Foundation in support of neither party filed.
May 09 2022Brief amicus curiae of Project 21 filed. VIDED.
May 09 2022Brief amicus curiae of Jewish Coalition for Religious Liberty in support of neither party filed.
May 09 2022Brief amicus curiae of Defense of Freedom Institute for Policy Studies filed. VIDED.
May 09 2022Brief amici curiae of Mark Keith Robinson and Winsome Earle-Sears filed. VIDED.
May 09 2022Brief amici curiae of Gail Heriot, et al. filed. VIDED.
May 09 2022Brief amicus curiae of Claremont Institutes Center for Constitutional Jurisprudence filed.VIDED
May 09 2022Brief amicus curiae of Former Attorney General Edwin Meese III filed. VIDED.
May 09 2022Brief amicus curiae of Legal Insurrection Foundation filed. VIDED.
May 09 2022Brief amicus curiae of The State of Texas filed. VIDED.
May 09 2022Brief amici curiae of The Asian American Coalition For Education and The Asian American Legal Foundation filed. VIDED.
May 09 2022Brief amicus curiae of Foundation Against Intolerance & Racism filed.
May 09 2022Brief amicus curiae of Freedom X filed. VIDED.
May 09 2022Brief amicus curiae of Richard Sander filed. VIDED.
May 09 2022Brief amici curiae of Ann M. Killenbeck, et al. filed. VIDED.
May 09 2022Brief amicus curiae of Parents Defending Education filed. VIDED.
Jun 13 2022Motion of respondents Cecilia Polanco, et al. for leave to file Volume IV of the joint appendix in No. 21-707 under seal GRANTED.
Jul 19 2022Brief amicus curiae of David Boyle filed. VIDED.
Jul 22 2022This 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.
Jul 25 2022Brief of respondent President and Fellows of Harvard College filed.
Jul 25 2022Brief amici curiae of 25 Harvard Student and Alumni Organizations filed.
Jul 27 2022Amici brief of Human Rights Advocates, et al. not accepted for filing. (July 29, 2022 - to be reprinted and resubmitted for cover error.)
Jul 27 2022Brief amici curiae of Human Rights Advocates, et al. filed. VIDED. (Aug. 3, 2022)
Jul 28 2022Brief amici curiae of Association of American Medical Colleges, et al. filed. VIDED.
Jul 29 2022Brief amici curiae of 1,241 Social Scientists and Scholars on College Access, et al. filed.
Jul 29 2022Brief amici curiae of 25 Diverse, California-Focused Bar Associations, et al. filed. VIDED.
Jul 29 2022Brief amicus curiae of HR Policy Association filed. VIDED.
Jul 29 2022Brief amicus curiae of The Council of the Great City Schools filed. VIDED.
Jul 29 2022Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.
Aug 01 2022Brief amici curiae of National Asian Pacific American Bar Association, et al. and National LGBTQ+ Bar Association filed. VIDED.
Aug 01 2022Amicus brief of Professors of Economics not accepted for filing. (Corrected brief and PDF to be submitted.)
Aug 01 2022Brief amici curiae of Professors of Economics filed. (Aug. 16, 2022)
Aug 01 2022Brief amicus curiae of The American Bar Association filed. VIDED.
Aug 01 2022Brief amicus curiae of Anti-Defamation League filed.
Aug 01 2022Brief amici curiae of The American Psychological Association, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of National School Boards Association, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of American Educational Research Association, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Admissions and Testing Professionals filed. VIDED.
Aug 01 2022Amici brief of Admissions and Testing Professionals not accepted for filing. (August 31, 2022--Duplicate submission.)
Aug 01 2022Brief amicus curiae of National Black Law Students Association filed. VIDED.
Aug 01 2022Brief amici curiae of National Women's Law Center and 37 Additional Organizations Committed to Race and Gender Equality filed. VIDED.
Aug 01 2022Brief amici curiae of Asian Americans Advancing Justice, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of American Association for Access, Equity and Diversity and Fund for Leadership, Equity, Access and Diversity filed. VIDED.
Aug 01 2022Brief amici curiae of HBCU Leaders and National Association for Equal Opportunity in Higher Education filed. VIDED.
Aug 01 2022Brief amici curiae of Massachusetts Institute of Technology, et al. filed. VIDED.
Aug 01 2022Brief amicus curiae of National Academy of Education filed. VIDED.
Aug 01 2022Brief amici curiae of American G.I. Forum, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Deborah Cohen and 67 Other Professors filed. VIDED.
Aug 01 2022Brief amici curiae of Georgetown University, et al. filed. VIDED.
Aug 01 2022Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Aug 01 2022Brief amicus curiae of United States filed.
Aug 01 2022Brief amici curiae of College Board, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of United States Senators and Former Senators filed. VIDED.
Aug 01 2022Brief amici curiae of Students and Alumni of Harvard College filed.
Aug 01 2022Brief amici curiae of President and Chancellors of the University of California filed. VIDED.
Aug 01 2022Brief amici curiae of Multicultural Media, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. VIDED.
Aug 01 2022Brief amicus curiae of The Law Firm Antiracism Alliance filed. VIDED.
Aug 01 2022Brief amici curiae of Amherst, Barnard, et al. filed. VIDED.
Aug 01 2022Motion 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.
Aug 01 2022Brief amicus curiae of American Federation of Teachers filed. VIDED.
Aug 01 2022Brief amici curiae of Washington Bar Association, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Major American Business Enterprises filed. VIDED.
Aug 01 2022Brief amici curiae of Robert C. "Bobby" Scott, Member of Congress, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Southern Governors filed. VIDED.
Aug 01 2022Amicus brief of Empirical Scholars not accepted for filing. (Corrected brief and PDF to be submitted-- August 11, 2022)
Aug 01 2022Brief amici curiae of Empirical Scholars filed. VIDED. (Aug. 11, 2022)
Aug 01 2022Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (To be reprinted with new PDF submitted.)
Aug 01 2022Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 10, 2022)
Aug 01 2022Brief amici curiae of National Association of Basketball Coaches, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Deans of U.S. Law Schools filed. VIDED.
Aug 01 2022Brief amicus curiae of The University of Michigan filed. VIDED.
Aug 01 2022Brief amici curiae of Legal Scholars Defending Race-Conscious Admissions filed. VIDED.
Aug 01 2022Brief amici curiae of Brown University, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Applied Materials, Inc., et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Professors of History and Law filed. VIDED.
Aug 01 2022Brief amici curiae of Massachusetts et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Adm. Charles S. Abbot, et al. filed. VIDED.
Aug 01 2022Brief amici curiae of Black Women Law Scholars filed. VIDED.
Aug 01 2022Brief amici curiae of Individual Scientists filed. VIDED.
Aug 01 2022Brief amici curiae of Faith Organizations, et al. filed. VIDED.
Aug 01 2022Amicus brief of National Education Association et al. not accepted for filing. (Corrected version submitted-- August 10, 2022)
Aug 01 2022Brief amici curiae of National Education Association et al. filed. VIDED.
Aug 01 2022Amicus brief of Youth Advocates and Experts on Educational Access not accepted for filing. (Corrected brief and PDF to be submitted.)
Aug 01 2022Brief amici curiae of Youth Advocates and Experts on Educational Access filed. VIDED. (Aug. 11, 2022)
Aug 03 2022ARGUMENT SET FOR Monday, October 31, 2022.
Aug 03 2022Motion 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.
Aug 04 2022Response to motion of 25 Harvard Student and Alumni Organizations from respondent President and Fellows of Harvard College filed.
Aug 24 2022Reply of petitioner Students for Fair Admissions, Inc. filed.
Aug 31 2022CIRCULATED
Sep 09 2022Motion 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.
Sep 09 2022Motion 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.
Sep 12 2022Record requested from the U.S.C.A. 1st Circuit.
Oct 25 2022Record 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.
Oct 31 2022Argued. 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.)
Nov 07 2022Record received from the USDC-Massachusetts. Sealed pleadings transmitted electronically. Remainder of pleadings available on PACER.
Jun 29 2023Judgment 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.
Jul 07 2023Letter from counsel for amici curiae Association of American Medical Colleges, et al. received.
Jul 18 2023Record returned to the U.S.C.A.-1st Circuit (sealed supplemental appendix).
Jul 31 2023Judgment issued.