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The Latest Breaking News from SFFA

What Do Bruen, Dobbs, and SFFA Have In Common?

The Supreme Court issued landmark rulings that were resisted by lower courts, and the Supreme Court refused to intervene.

Reason

"The Waning of Racial Preferences at American Law Schools, 2021-2025," by My UCLA Colleague Rick Sander

From this new draft, cowritten by Prof. Sander and Henry Kim: In June 2023, the Supreme Court broadly held that… The post "The Waning of Racial Preferences at American Law Schools, 2021-2025," by My UCLA Colleague Rick Sander appeared first on Reason.com.

Reason

Justice Sotomayor Asks "Have You Studied The People" In SCOTUS Cases.

I have. Conservative litigants are vilified. Liberal litigants are celebrated.

Reason

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Can Trump kill DEI? What business leaders need to know according to a top constitutional lawyer

“He knows how to create a spectacle.”

Fortune

Did Yale, Princeton, and Duke Violate SFFA in Last Year's Admissions Cycle?

Following the Supreme Court's decision in SFFA in 2023, barring the use of racial preferences in admissions, admissions patterns at… The post Did Yale, Princeton, and Duke Violate SFFA in Last Year's Admissions Cycle? appeared first on Reason.com.

Reason

Comparing Class of 2027 to Class of 2028 Demographic Data is Tricky (UPDATED)

[I have updated and basically rewritten the post in light of new information that allows me to explain matters much more clearly, I think.] This year's entering class is the first since admissions decisions were constrained by the Supreme Court's ban on racial preferences in the SFFA case, and lots…

Reason

Proportion of Black and Hispanic students at elite university falls by half after Supreme Court ruling

‘The class is, as always, outstanding across multiple dimensions,’ MIT president said

The Independent UK

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Judge throws out rightwing affirmative action lawsuit against Texas university

Ruling in favor of University of Texas at Austin is setback for movement that ended race-conscious admissions

The Guardian - US

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

Racial Classification in Higher Education Admissions Before and After SFFA

This is my new article, forthcoming in the SMU Law Review. Larry Solum's legal blog says its "highly recommended," and you can download it here. Meanwhile, here is the abstract: Hundreds of law review articles have discussed the legality of affirmative action programs. Virtually all of them begin with the…

Reason

West Point sued by anti-affirmative action group for considering race in admissions

Students For Fair Admissions (SFFA) claimed West Point violated the Fifth Amendment by using race-concious admissions

The Independent UK

Students for Fair Admissions and the End of Racial Classification as We Know It (Re-Post)

[I'm reposting this because the linked article disappeared from SSRN's website soon after I posted it, until a copyright permission issue was resolved.] My article, Students for Fair Admissions and the End of Racial Classification as We Know It, has been published in the new Cato Supreme Court Review. Here…

Reason

Justice Kagan: Affirmative Action Suggests that Beneficiaries Could Not be Accepted Based on Merit Alone

OK, she said it in 2006 as a dean, not a Justice, and about women and law review membership at Harvard, not SFFA and minority admissions, but I would be interested in knowing why she has expressed this concern about women, but not URMs. Relatedly, my former colleague (now DC…

Reason

Chief Justice Roberts in SFFA: "Hispanic" Is an "Arbitrary or Undefined" Classification

In the SFFA affirmative action case, Chief Justice Roberts for the majority, Justice Thomas, concurring, and especially Justice Gorsuch, concurring, argued that in addition to other legal defects in the defendants' affirmative action programs, the classifications used they used for "diversity" purposes were not properly tailored to serve the schools'…

Reason

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Reason

Just The Facts, Ma'am

The importance of the trial records in Students for Fair Admissions and 303 Creative

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…

The Guardian - US

For most Asian Americans, diversity is a core value – even if a loud minority contests it

Edward Blum’s group used Asian Americans for display to serve a longstanding anti-affirmative action agenda

The Texas Tribune

UT-Austin only Texas public university affected by Supreme Court’s ending use of race in admissions

No other public universities use race as a factor, but Texas private schools like Rice and Southern Methodist University will be impacted.

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The Independent UK

Supreme Court strikes down affirmative action, banning colleges from factoring race in admissions

In a 6 -3 decision, the Supreme Court ruled higher education institutions may not consider race as a factor in admissions

The Texas Tribune

What the possible end to race-conscious admissions means for Texas universities

Here’s what you need to know ahead of the U.S. Supreme Court’s expected ruling on two cases challenging the policy commonly known as affirmative action in college admissions.

Reason

Democracy Died in Darkness in Harvard Trial Sidebars

Judge Allison Burroughs refused to unseal an anti-asian joke shared by a federal employee to Harvard's Dean of Admissions.

Salon

Harvard, Asian Americans and Jews

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

Chicago Sun-Times

Those Asian Americans fighting to trash affirmative action are sorely misguided

I can understand the disappointment of teenagers who toil away in high school only to be rejected by their dream colleges. What I can’t comprehend is the Asian American contingent who’ve joined forces with the right-wing legal strategist Edward Blum to dismantle affirmative action.

Reason

Review of Oral Argument in Students for Fair Admission v. University of North Carolina

My Justice-by-Justice breakdown.

Reason

The Supreme Court Could End Affirmative Action

In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act

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