Life Death And Potential Rebirth Of Affirmative Action

“The Life, Death and Potential Rebirth of Affirmative Action” examines the constitutional foundations, evolution, and current status of affirmative action under the Equal Protection Clause of the 14th Amendment. The course traces how courts—particularly the U.S. Supreme Court—have analyzed race-conscious policies using varying standards of judicial review, culminating in the landmark 2023 decision in Students for Fair Admissions v. Harvard. Participants will explore pivotal cases such as Regents of the University of California v. Bakke and Grutter v. Bollinger, understand the legal limits of race-based admissions policies, and evaluate how modern Diversity, Equity, and Inclusion (DEI) initiatives may face similar constitutional scrutiny. The course ultimately equips attorneys to critically assess affirmative action’s decline and its potential future in law and policy.