Amherst professor Austin Sarat discusses Harvard University’s recent decision to stop issuing official statements on public matters that do not directly affect the university’s core function, a move that other universities are also considering or have already taken. Professor Sarat argues that while this decision is controversial, it is a step in the right direction as it allows universities to focus on their essential purpose of seeking truth through open inquiry and debate, avoids the risk of chilling debate or alienating community members, and encourages individuals on campus to stand up for their beliefs through their work and lives as citizens.

NYU Law professor Samuel Estreicher comments on the U.S. Supreme Court’s recent decision striking down the use of racial preferences in college admissions at Harvard and the University of North Carolina, creating uncertainty about the future of affirmative action in both higher education and employment. Professor Estreicher points out that while the Court opposed the “outright racial balancing” used by the universities, it left room for race-based “make whole” remedies in cases of proven intentional discrimination, raising questions about the permissible extent of race-based remediation and its applicability in various contexts, including employment.

Cornell Law professor Michael C. Dorf comments on the possible significance of the Supreme Court’s decision to divide, rather than consolidate, argument in the affirmative action cases it will be deciding next term. Professor Dorf suggests the decision would allow Justice Ketanji Brown Jackson to participate in one of the cases and could also allow the Court to attend to at least two important factual and legal differences between the two cases.