Poster #81 - Navigating the Post-SFFA v. Harvard Legal Landscape: The Future of DEI in Policy and Practice

• In Event: Saturday Poster Luncheon

Abstract

Dear APPAM Review Committee,

               On behalf of my colleagues, Mina Nandwani and Carolyn Musyimi-Kamau, and myself, I am pleased to submit our proposal for consideration to present our Diversity, Equity, and Inclusion (DEI) group project titled, "Navigating the Post-SFFA v. Harvard Legal Landscape: The Future of DEI in Policy and Practice," as an academic poster at the 47th Annual Fall Research Conference. Our project directly aligns with this year's theme, "Forging Collaborations for Transformative and Resilient Policy Solutions," as it addresses the evolving legal frameworks and practical adaptations necessary for sustaining DEI initiatives. We are seeking to enter our Proposal with APPAM in consideration of a presentation across the following sessions: (1) Panel; (2) Roundtable; (3) Student Research; or (4) Poster Presentation. Please consider the following in support of our Conference Presentation Proposal.

The Supreme Court's decision in Students for Fair Admissions (SFFA) v. Harvard College and SFFA v. University of North Carolina (2023) dramatically reshaped the landscape of affirmative action, presenting profound implications for Diversity, Equity, and Inclusion (DEI) across higher education, public policy, and corporate sectors. Our research explores the critical challenges and transformative opportunities that institutions face following these landmark rulings.

This project synthesizes an extensive review of pertinent legislation, judicial decisions, and scholarly discourse to analyze the historical evolution, current status, and future trajectory of DEI programs. We employ a rigorous legal analysis (IRAC format: Issue, Rule, Analysis, Conclusion) to dissect the SFFA cases, elucidating the Supreme Court's rationale that race-conscious admissions policies lacked the precise objectives, endpoints, and narrowly tailored frameworks required under strict scrutiny. Our comprehensive analysis also examines subsequent significant cases, including the Fearless Fund litigation and the Boston Parent Coalition decision, highlighting ongoing complexities and challenges confronting DEI policy implementation.

Moreover, our investigation addresses how institutions across sectors are strategically adapting DEI practices amidst heightened legal and political scrutiny. We assess emerging policy trends, stakeholder responses, and organizational strategies that maintain commitments to diversity and equity while ensuring legal compliance. Our analysis incorporates stakeholder evaluations, management, and leadership decision-making effectiveness, and anticipates policy implications at local, national, and global scales.

The research highlights innovative institutional strategies, such as reframing DEI language to "inclusive excellence," decentralizing DEI responsibilities across organizational leadership, and embedding DEI principles in core organizational missions and structures. These adaptations are vital for fostering resilient DEI policies that withstand legal scrutiny and political opposition.

Authors

• Seth Usifo Nwosu, Pepperdine University
  Presenting Author

• Carolyn N Musyimi-Kamau, Pepperdine University
  Non-Presenting Co-Author