March, 2022: Test-Optional Admissions Movement Expands

One recurring theme in the debate about affirmative action and preferences has been the dispute about the role that standardized tests should play in the admissions process.  If, as many believe, assessments of “merit” should shape these decisions, does the American College Testing (ACT) standardized test of English, mathematics, reading, and scientific reasoning provide an … Continue reading March, 2022: Test-Optional Admissions Movement Expands

February, 2022: Court Strikes Down Virginia K-12 Admissions Policy

The federal district court judge hearing the case challenging a K-12 admissions policy adopted by the Board of the Thomas Jefferson High School for Science & Technology (TJ) in Fairfax County, Virginia has now ruled against the school.  In a Memorandum Opinion filed on February 25, 2022, District Judge Claude M. Hilton concluded that the … Continue reading February, 2022: Court Strikes Down Virginia K-12 Admissions Policy

February, 2022: American Bar Association Revises Accreditation Standards

On February 14, 2022 the House of Delegates (HOD) of the American Bar Association (ABA) approved a series of changes in its Standards for Approval of Law Schools (ABA  Standards).  Both the standards and the changes that were promulgated are significant.  It is an almost universal requirement that an individual wishing to sit for the … Continue reading February, 2022: American Bar Association Revises Accreditation Standards

February, 2022: Briefing Schedule Set in Consolidated Harvard and North Carolina Cases

The Supreme Court has approved the briefing schedule in the consolidated affirmative action cases involving Harvard College and the University of North Carolina. As previously noted, there are two cases before the Court: Students for Fair Admissions (SFFA) v. President and Fellows of Harvard College, No. 20-1199, and SFFA v. The University of North Carolina, … Continue reading February, 2022: Briefing Schedule Set in Consolidated Harvard and North Carolina Cases

January, 2022: Supreme Court to Hear Harvard and North Carolina Cases

The Supreme Court announced on Monday, January 24, 2022 that it would hear the cases challenging the use of admissions preferences by Harvard College and the University of North Carolina (UNC) (respectively, Students for Fair Admissions (SFFA) v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions v. University of North … Continue reading January, 2022: Supreme Court to Hear Harvard and North Carolina Cases

December, 2021: Solicitor General Files Brief for the United States in SFFA v. Harvard

On June 14, 2021, the Supreme Court “invited” the then-Acting Solicitor General of the United States (SG), Elizabeth B. Prologar, “to file a brief expressing the views of the United States” in the Harvard College litigation.  The invitation presumably reflected the Court’s understanding that with the transition from President Trump to President Biden the views … Continue reading December, 2021: Solicitor General Files Brief for the United States in SFFA v. Harvard

October, 2021: University of North Carolina District Court Decision

Students for Fair Admissions (SFFA) sued the University of North Carolina (UNC) on November 7, 2014, mounting a challenge to UNC’s use of race-based admissions preferences.  The complaint was filed in the United States District Court for the Middle District of North Carolina and assigned to District Judge Loretta C. Biggs, who entered her Trial … Continue reading October, 2021: University of North Carolina District Court Decision

June, 2021: Economic Relief Preferences Enjoined

A number of the economic relief programs recently enacted by Congress have included provisions granting special treatment or preferences on the basis of group identity.  The American Rescue Plan of 2021, for example, included two such programs.  One, a part of the Restaurant Revitalization Fund, gave priority to restaurants that are at least 51% owned and controlled … Continue reading June, 2021: Economic Relief Preferences Enjoined

June, 2021: Justices ask for SG input on Harvard Case

On June 14th, the Supreme Court announced that it has asked the Solicitor General to submit its opinion on the merits of granting certiorari to SFFA v. Harvard. Among other things, this means the Court is unlikely to decide the question of granting cert until late summer or early fall. The petition asking for review … Continue reading June, 2021: Justices ask for SG input on Harvard Case

May, 2021: Colorado Bans Legacy Admissions at Public Universities

On May 25th, Colorado Governor Jared Polls signed into law a measure that forbids public colleges and universities in that state from considering “familial relationships” as part of the admissions process.  Citing “significant racial and socioeconomic disparities among students who enroll in [Colorado] higher education institutions,” the measure characterizes “Legacy Preferences” as “inequitable” and “discriminatory … Continue reading May, 2021: Colorado Bans Legacy Admissions at Public Universities