SFFA and the Memory Wars

The Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA) effectively ended race-conscious affirmative action in college admissions as we know it. While much of the existing literature focuses on the practical implications of this decision, the distinct focus of this Article is on the historical narrative constructed by the SFFA decision and its impact on the constitutional memory of race and racism. The Article makes three key contributions: First, it demonstrates how the SFFA majority opinion distorts collective recollections of racism, akin to bans on Critical Race Theory, undermining racial redress legitimacy. Second, it analyzes the amicus curiae briefs in SFFA to uncover how universities and other proponents of affirmative action participated in forming the ahistorical memory claims that were ultimately adopted and applied by the SFFA majority. Third, the Article proposes strategies for reshaping collective memories at the grassroots level. Somewhat paradoxically, I argue that the current composition of the Court offers an auspicious opportunity to prioritize reclaiming diversity in ways that foreground America’s racial history—not as a normative imperative, but as a means for critically evaluating legal frameworks and social commitments.