Unsuspecting Eviction: SFFA’s Racialized Distortion of Suspect Classification

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College is infamous for the obvious: ending affirmative action. Yes, its wrapping of the diversity rationale for race-conscious admissions in a bow before discarding it is monumental in and of itself. But to accomplish this disposal, the opinion took an approach to suspect classification and strict scrutiny that has gone unprobed. In SFFA, the Roberts Court took advantage of American jurisprudence’s sinuous development of race’s legal conceptualization and strict scrutiny’s formulaic nature to distort suspect classification. Prong by prong, the opinion widened the gap in access to suspect classification for white and non-white people, offering the former group an increased path to “suspicion” and leaving the latter group with a constricted path to “suspicion.” In effect, the opinion has manufactured a dual system of classification that blocks non-white people’s access to the Fourteenth Amendment’s Equal Protection Clause in the affirmative action context. SFFA’s barricading of equality by way of diluting suspect classification is a destination of Fourteenth Amendment jurisprudence’s increasing insistence on a one-size-fits-all approach in race-related challenges. Truly, it is the Supreme Court’s myopic demand for parity that has allowed a “Whites Only” sign to be placed on the door to equal protection. Accordingly, the dismembering of compelling interests and narrow tailoring in SFFA are technical fractures that create a need for a new approach to class-based protection outside of the Fourteenth Amendment. This Note will analyze these fractures to reveal the Court’s strategy, present suspect classification’s bifurcation in practice, and present a solution to SFFA’s establishment of a racialized Fourteenth Amendment access gap.

Authors

Publication Details

Journal
Columbia Journal of Race and Law
Published
2025-08-12
DOI
https://doi.org/10.52214/cjrl.v15i1.14165
Primary Topic
Law, Rights, and Freedoms
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Unsuspecting Eviction: SFFA’s Racialized Distortion of Suspect Classification

Christopher W. Morris
Columbia Journal of Race and Law
Law, Rights, and Freedoms
article

Unsuspecting Eviction: SFFA’s Racialized Distortion of Suspect Classification

Christopher W. Morris
article en

Abstract

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College is infamous for the obvious: ending affirmative action. Yes, its wrapping of the diversity rationale for race-conscious admissions in a bow before discarding it is monumental in and of itself. But to accomplish this disposal, the opinion took an approach to suspect classification and strict scrutiny that has gone unprobed. In SFFA, the Roberts Court took advantage of American jurisprudence’s sinuous development of race’s legal conceptualization and strict scrutiny’s formulaic nature to distort suspect classification. Prong by prong, the opinion widened the gap in access to suspect classification for white and non-white people, offering the former group an increased path to “suspicion” and leaving the latter group with a constricted path to “suspicion.” In effect, the opinion has manufactured a dual system of classification that blocks non-white people’s access to the Fourteenth Amendment’s Equal Protection Clause in the affirmative action context. SFFA’s barricading of equality by way of diluting suspect classification is a destination of Fourteenth Amendment jurisprudence’s increasing insistence on a one-size-fits-all approach in race-related challenges. Truly, it is the Supreme Court’s myopic demand for parity that has allowed a “Whites Only” sign to be placed on the door to equal protection. Accordingly, the dismembering of compelling interests and narrow tailoring in SFFA are technical fractures that create a need for a new approach to class-based protection outside of the Fourteenth Amendment. This Note will analyze these fractures to reveal the Court’s strategy, present suspect classification’s bifurcation in practice, and present a solution to SFFA’s establishment of a racialized Fourteenth Amendment access gap.

Columbia Journal of Race and LawVol. 15(1)
Openalex Percentile: Top 73%
Law, Rights, and Freedoms
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.