Advisory Opinions The Fall of Affirmative Action | Interview: Justin Driver
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Sep 23, 2025 Join Sarah Isgur and David French as they chat with Justin Driver, a Yale Law professor and author of The Fall of Affirmative Action. They dive into the controversial Supreme Court case, Students for Fair Admissions v. Harvard, unpacking the complex dynamics of racial equity versus colorblind principles. Driver argues that both conservative and progressive viewpoints oversimplify the issue. The discussion also touches on race-neutral alternatives in admissions, potential impacts on campus life, and the political pressures affecting higher education.
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Two Competing Equal Protection Frames
- The Equal Protection Clause debates split into anti-classification and anti-subordination frameworks that shape affirmative action arguments.
- Recognizing both frames clarifies why supporters and opponents talk past each other.
Classification Can Look Like Subordination
- Classification in admissions can produce perceptions of subordination, as SFFA argued using Asian American examples.
- Driver takes those anti-subordination claims seriously while still defending affirmative action's aims.
Victimization And Mismatch Amplified
- Conservatives frame harms as victimization and mismatch when criticizing affirmative action.
- Driver argues the SFFA ruling is likely to intensify those harms rather than eliminate them.
