Panel 1
The Path to SFFA

In this session, we will provide an historical and legal perspective on affirmative action and associated legal decisions in this realm.  From Bakke to Croson to Grutter & Gratz to Fisher, there was movement in America in general – and in the Courts in particular – that led to a re-evaluation of affirmative action. 

Panel 2
Contours of SFFA in the Education Context

In this session, we will evaluate what SFFA really decided and did not decide. We will explore what the decision means for selective admissions in higher education, including data on how it impacted the fall 2024 class of students and the First Amendment implications. We also will examine the elementary and secondary implications of SFFA. This session will be a springboard for further discussion of what may be expected in the post-SFFA era, and how to advise clients as the law continues to develop.

Panel 3
Education and Business

While the Bakke Court suggested that its decision was constrained to the realm of higher education, decisions following Bakke delved into other realms that affect the citizenry, to include the conduct of business and hiring practices.  The Court’s holdings in the SFFA decision have led many clients in both the education and business sectors to seek counsel from their attorneys.  This session will explore what SFFA portends within the area of education and within the contexts of business operations, employment practices and beyond. 

Panel 4
Looking Over the Horizon

A forward-looking view following the SFFA decision will be informed by contextual awareness.  During this session, there will be an opportunity to explore the terrain of the questions frequently arising in the post-SFFA era through the lens of an evolving social atmosphere.  The advent of Corporate Social Responsibility (CSR) led to an Environmental, Social, Governance (ESG) paradigm that has proven valuable to many members of the corporate community.  Within this newer paradigm, Diversity, Equity, and Inclusion (DE&I) programs and variations thereof have become measures of corporate health.  This session will attempt to look over the horizon considering cases already filed – some already decided – post-SFFA, with the complementary objectives of anticipating what the future holds and best serving clients’ needs in this dynamic environment.