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The Latest Breaking News from Bakke

Chief Justice Burger Set the Stage for the Originalist Revolution

While conservative criticisms of the Burger Court may be justified, those criticisms do not apply to the "The Chief." He had only one vote on the Court ... and, too often, too little support from his colleagues to reach originalist results.

Reason

Symmetry in Equal Protection, Fundamental Rights, and the Law of Democracy

My last post offered examples of areas where symmetry could help guide future doctrinal development. This final post on… The post Symmetry in Equal Protection, Fundamental Rights, and the Law of Democracy appeared first on Reason.com.

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

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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

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

Noah Feldman: Affirmative action is radical Supreme Court's latest casualty

Affirmative action died Thursday at the hands of the Supreme Court’s conservative constitutional revolution. In a 6-3 decision, written by Chief Justice John Roberts, the court overturned nearly 50 years of precedent and held that it’s unconstitutional for universities to take account of racial diversity in their admissions.

Tribune News Service

Can colleges admit racially diverse classes without affirmative action?

DALLAS -- College administrators are reevaluating how they can admit racially diverse classes, after the U.S. Supreme Court ruled colleges are no longer allowed to consider race in the admissions process.

Tribune News Service

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The Roberts Supreme Court is poised to strike down a key civil rights era ‘pathway to achieve the American Dream.’ What follows affirmative action?

As the Supreme Court ponders how educational institutions should use race in their admissions decisions, it’s worth thinking about what it did or didn’t accomplish—and what comes next.

Fortune

Harvard, Asian Americans and Jews

Conservatives have embraced the argument that Asian Americans are "the new Jews." Their true goal is no mystery

Salon

Some Thoughts on Last Week's Oral Argument in the Affirmative Action Cases

I was asked to give some brief remarks on the affirmative action cases at a panel discussion at the University of Baltimore today. I typed up some notes, and I thought they were worth sharing: I think at least seven Justices, including Kagan on the left, converged on the notion…

Reason

Re-reading Justice Thurgood Marshall's Opinion in Bakke

In 1978, the Supreme Court issued its first significant affirmative action judgment in Bakke. The Court split 4-4-1. Four Justices argued that the 1964 Civil Rights Act barred the use of race in university admissions. Four justices contended that neither the Act nor the Fourteenth Amendment prohibited the use of…

Reason

Noah Feldman: Supreme Court will end the era of college diversity

At the end of this month, the U.S. Supreme Court is poised to hear arguments in two closely watched cases on affirmative action in higher education. They’re widely expected to overturn the 1978 case that allowed racial diversity to become an organizing principle for college admissions. Like Roe v. Wade,…

Tribune News Service

Joined by first Black woman on Supreme Court, justices to tackle affirmative action, voting rights

WASHINGTON — The Supreme Court opens a historic term Monday by welcoming its first Black woman to the bench as it faces challenges to past liberal rulings on race, affirmative action and voting rights.

Los Angeles Times

POINT: It’s time to stop racial discrimination in college admissions

In a 2007 Supreme Court decision involving a school district in Seattle, Chief Justice John Roberts wrote: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

Tribune News Service

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