Harvard is a private institution, while UNC is a state school, meaning that the court could rule that race and ethnicity can be taken into account for students applying to one university but not the other. The plaintiff in both cases is the same group, Students for Fair Admissions, or SFFA.
In the UNC case, SFFA argues that the school is in violation of both Title IV and the 14th Amendment’s guarantee of equal protection under the law. In a February 2022 survey, 38% of respondents to this question favored affirmative action, 30% opposed it and 31% were uncertain.
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