The Gist Justin Driver: “The Fall of Affirmative Action”
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Sep 25, 2025 Justin Driver, a Yale Law professor and expert on affirmative action, discusses the implications of the SFFA v. Harvard/UNC decision. He critiques the Court's shift toward a faux "colorblindness" and its impact, revealing sharp declines in Black enrollment while Asian American admissions rise. Driver delves into how this ruling could distort application dynamics, pushing applicants to focus on trauma narratives. He also touches on the complex landscape of diversity in higher education and the broader societal consequences of these changes.
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Court's Creative Reading Of Grutter
- The Court in SFFA adopted a strained reading of Grutter's 2028 "sunset" to justify overruling decades of precedent.
- Justin Driver argues that using graduation dates as the trigger was legally untenable and inconsistent across programs.
Colorblindness Ruling Has Real Fallout
- The Roberts opinion embraced a form of constitutional colorblindness that Driver rejects as unrealistic.
- Driver warns the ruling already produced steep drops in Black enrollment at elite schools with cascading societal effects.
Pursue Diversity Within The Law
- Universities should avoid defying the Supreme Court and respect the rule of law.
- Driver urges lawful, transparent adjustments to pursue diversity within the decision's limits.
