Ofra Bloch (Tel Aviv University - Buchmann Faculty of Law) has posted "Students for Fair Admissions v. Harvard (2023) and the Memory Wars." Here's the abstract:
This article adds to the growing body of scholarship addressing the aftermath of the Supreme Court's decision in Students for Fair Admissions v Harvard (SFFA) that effectively ended race-conscious affirmative action in college admissions as we know it. In contrast to this literature dedicated primarily to exploring the practical implications of the decision, the distinct focus of this Article is on the historical narrative constructed by the SFFA’s majority and its impact on the constitutional memory of race and racism. The article makes three key contributions: Firstly, it demonstrates how the SFFA majority opinion distorts collective recollections of racism, akin to bans on Critical Race Theory, undermining racial redress legitimacy. Secondly, it analyzes the amicus curiae briefs in SFFA to uncover how universities and other proponents of affirmative action participated in forming the ahistorical narrative that was ultimately adopted and applied by the SFFA majority. Finally, the article proposes strategies for reshaping collective memories at the grassroots level. Somewhat paradoxically, I argue that the current composition of the Court presents an auspicious opportunity to prioritize reclaiming diversity in ways that reflect past and present racial experiences in America, rather than solely focusing on strategies aimed at appealing to conservative justices.
The full paper is available here.
-- Karen Tani
