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UNBELIEVABLE: Grutter | History Defined

Some Thoughts On The Texas Gerrymandering Case

There is so much to say about LULAC v. Abbott, the recent gerrymandering case decided by a three judge panel… The post Some Thoughts On The Texas Gerrymandering Case appeared first on Reason.com.

Reason

A Lawyer Who Litigated Grutter v. Bollinger Comments on the Court's Recent Case on Discrimination Against Majority Groups

I've known Michael Rosman at the Center for Individual Rights for 30 years; he has litigated many important cases, including with regard… The post A Lawyer Who Litigated Grutter v. Bollinger Comments on the Court's Recent Case on Discrimination Against Majority Groups appeared first on Reason.com.

Reason

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 2

Continuing my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.

Reason

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Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 1

Maybe some universities can continue to do race-based affirmative action, even after SFFA v. Harvard.

Reason

Part VIII: Equal Protection of the Law—Discrimination on the Basis of Race

An Introduction To Constitutional Law Video Library: Brown v. Board of Education (1954), Bolling v. Sharpe (1954), Grutter v. Bollinger (2003) v. Bollinger (2003) v. Aaron (1958), Loving v. Virginia (1967), Regents of the University of California v. Bakke (1978), Gratz v. Bollinger (2003), Fisher v. University of Texas at…

Reason

SMU Law Review Symposium on Students for Fair Admissions

I was pleased to participate in an excellent symposium at the SMU Law Review on Students for Fair Admissions v. UNC. This journal made a strong effort to seek out diverse viewpoints. This is one of the more balanced symposium issues I've seen in years. Well done. Here is the…

Reason

The First Amendment Right to Affirmative Action

How private universities can use Boy Scouts v. Dale to get out from under Students for Fair Admissions

Reason

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Sandra Day O'Connor, RIP

She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.

Reason

"Judges Have Long Deferred to Academe. That's Changing."

A very interesting article by Prof. Steve Sanders (Indiana), who is also an Associate Dean for Academic Affairs and a scholar of sexual orientation and the law; it's in the Chronicle of Higher Education, but also available without the need for registration here. An excerpt: During the Red Scare of…

Reason

Teaching Notes on Students For Fair Admissions v. Harvard

Michael Stokes Paulsen, Michael McConnell, Sam Bray, and I recently completed and posted the 2023 online supplement to our constitutional law casebook: The Constitution of the United States. (I shilled for the book earlier on this blog -- at the start of the Trump administration -- as "A new constitutional…

Reason

How Affirmative Action Lost at the Supreme Court

Preferential college admissions violated the 14th Amendment's Equal Protection Clause.

Reason

Commentary: Affirmative action is banned — except at military academies? Why that won’t help students

With a conservative majority on the bench, the recent Supreme Court ruling to strike down affirmative action was widely expected. One unexpected twist, however, was an inconspicuous footnote exempting military academies from the drastic change.

Los Angeles Times

Say Farewell To The "Diversity Benefits" Rationale For Affirmative Action

The majority and dissent state the quiet part out loud: affirmative action was never about the educational benefits from diversity.

Reason

A Lawyer Who Litigated Grutter Comments on the Court's College Admission Racial Preferences Cases

I've known Michael Rosman at the Center for Individual Rights for almost 30 years; he has litigated many important cases, including with regard to racial preferences, and was one of the lawyers in Grutter v. Bollinger. I'm therefore delighted to pass along his short reactions to Students for Fair Admission…

Reason

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Salon

Military schools exempt in SCOTUS ruling

"It seems that the court is willing to uphold use of race when government power is at stake," expert says

The Conversation

Military academies can still consider race in admissions, but the rest of the nation's colleges and universities cannot, court rules

In a 6-3 ruling on Thursday, June 29, 2023, the U.S. Supreme Court struck down the use of race in college admissions at Harvard and the University of North Carolina, outlawing the use of race in college admissions in general. The Conversation reached out to three legal scholars to explain…

Los Angeles Times

Commentary: The Supreme Court’s ultimate ‘judicial activism’: striking down affirmative action in college admissions

For decades, conservatives have railed against judicial activism, but Thursday’s decision striking down affirmative action by colleges and universities in admissions was the height of conservative judicial activism. The court rejected almost half a century of precedents, overturned decisions made by public and private universities across the country, and ignored…

The Conversation

A 2003 Supreme Court decision upholding affirmative action planted the seeds of its overturning, as justices then and now thought racism an easily solved problem

In an anticipated but nonetheless stunning decision expected to have widespread implications on college campuses and workplaces across the country, the conservative majority of the U.S. Supreme Court on June 29, 2023, outlawed affirmative action programs that were designed to correct centuries of racist disenfranchisement in higher education.

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Reason

Thoughts on the Supreme Court's Ruling in the Harvard and UNC Racial Preferences Cases

A preliminary assessment of today's decisions. The majority rightly struck a blow against the use of racial preferences for purposes of advancing "diversity" in education. But there are some flaws in its reasoning.

Reason

Of Course Legacy Admissions Should Follow Affirmative Action to the Grave

There is no reason for public universities to grant preferential treatment to the scions of their alumni.

Salon

KBJ torches affirmative action ruling

The “visibly angry” justice said Thomas “ignites too many straw men to list”

Fortune

The Supreme Court can end affirmative action–but it can’t reverse the course of history

America is changing. Future generations of college students will be less white, and less privileged–regardless of the Supreme Court's decision.

Daily Mirror

Affirmative action in universities officially ENDED by Supreme Court in landmark decision

The landmark decision overturns long-standing precedent that has benefitted Black and Latino students in higher education

Reason

Chief Justice Roberts Calls Out Counsel In Moore v. Harper

This opinion continues a trend where the Court faults lawyers for making certain arguments, not making other arguments.

The Guardian - US

The US supreme court upheld race-conscious voting protections. Affirmative action could be next

The court’s decision this week served as an affirmation that race-conscious protections such as these can and should exist in US law

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