Publication Date
9-2025
Document Type
Comments
First Page
909
Abstract
In Students for Fair Admissions v. Harvard , the U.S. Supreme Court effectively ended race- conscious admissions policies in higher education. While commentary has focused on the Equal Protection implications of the ruling, far less attention has been paid to the Court’s threshold determination: that Students for Fair Admissions (SFFA)—an organization without any named Asian American student plaintiffs—had standing to sue. This Comment examines the doctrine of associational standing, the judicially created mechanism that allowed SFFA to bring suit on behalf of unnamed members, and critiques the Court’s failure to meaningfully address whether standing was properly established.
Section I provides an overview of Article III standing and traces the development of associational standing since Hunt v. Washington State Apple Advertising Commission . Section II recounts the formation and strategy of SFFA , highlighting the procedural sleight of hand that enabled it to serve as plaintiff. Section III argues that the Court’s perfunctory standing analysis in SFFA is both legally and normatively inadequate. By sidestepping fundamental questions about organizational standing, the Court has left the doctrine vulnerable to exploitation by ideologically motivated entities—raising serious concerns about who can access the courts and under what conditions.
Repository Citation
Megan
Bird,
"Standing" on Shaky Ground: How a Conservative Strategist Used Associational Standing to Overhaul Affirmative Action,
27
U. Pa. J. Const. L.
909
(2025).
Available at:
https://scholarship.law.upenn.edu/jcl/vol27/iss4/4