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affirmative action

  • SOURCE: MSNBC
    3/23/2022

    A Pledge to Recuse by KBJ Likely Means the End of Affirmative Action

    by Keisha N. Blain

    With a challenge to Harvard's affirmative action looming, Judge Jackson's pledge to recuse herself means that the Supreme Court is more likely to rule that affirmative action in private university admissions is unconstitutional, with the likely consequence of increasing racial inequality. 

  • SOURCE: MSNBC
    1/28/2022

    SCOTUS Could Kill off Affirmative Action with Devastating Results

    by Keisha N. Blain

    Affirmative action policies have always aimed at changing the nation's long history of racially unequal education; that's why they've faced militant opposition all along, and why a conservative Supreme Court wants to destroy them. 

  • SOURCE: Chronicle of Higher Education
    1/24/2022

    Will SCOTUS Take the Opportunity to Ban Race-Conscious Admissions?

    A veteran higher education lawyer says that dire predictions that the Supreme Court will ban race-based affirmative action in admissions; narrowly-tailored diversity initiatives may survive despite the court's broad conservative majority. 

  • SOURCE: The New Yorker
    7/26/2021

    Can Affirmative Action Survive the Supreme Court?

    by Nicholas Lemann

    The moderate Republican appointee has always served as the Justice to protect modest versions of affirmative action. What will happen in a pending case now that such Justices are gone from the court? The historical trajectory of supposedly meritocratic admissions offers clues.

  • SOURCE: New York Times
    11/16/2020

    Liberals Envisioned a Multiracial Coalition. Voters of Color Had Other Ideas

    Since the dawn of the 21st century, it has become commonplace for party leaders to talk of a rising demographic tide that is destined to lift the Democrats to dominance. The party should look at the defeat of California's affirmative action referendum as a caution that things won't be so simple. 

  • SOURCE: NYT
    8-13-17

    Making Affirmative Action White Again

    by Ira Katznelson

    Any decision to reorient the Civil Rights Division would be based on the fiction that we already possess a level playing field.

  • SOURCE: CNN.com
    6-25-13

    Mary L. Dudziak: Why Affirmative Action Took a Hit

    Mary L. Dudziak is the Asa Griggs Candler Professor of Law at Emory University. She is the author of War Time: An Idea, Its History, Its Consequences, and Exporting American Dreams: Thurgood Marshall's African Journey(CNN) -- When the Supreme Court on Monday sent Fisher v. University of Texas, an affirmative action case, back to the lower court for a second look, supporters of race-conscious policies breathed a sigh of relief.

  • SCOTUS Ruling on Affirmative Action Could Give Private Universities Advantage

    by John Willingham

    Credit: Wiki Commons.The Supreme Court, in a 7-1 decision with Justice Ginsburg dissenting, has issued a ruling in the Fisher v. University of Texascase that will likely require public universities to explore virtually all race-neutral alternatives in their attempts to achieve diversity before being able to use race as a factor in admissions.The ruling was probably the result of a compromise that, while not overturning previous decisions and not ruling that UT’s use of race is unconstitutional, will nevertheless lead to greater difficulty for colleges that want to use race as a factor in admissions.The decision vacates the ruling in favor of UT Austin by the Fifth Circuit Court of Appeals and remands the case to the circuit court with instructions to apply "strict scrutiny" to the university’s rationale for using race as an admissions factor.

  • SOURCE: AP
    3-28-13

    A post-racial US? Supreme Court may nullify civil rights policies as outdated in era of Obama

    WASHINGTON — Has the nation lived down its history of racism and should the law become colorblind?Addressing two pivotal legal issues, one on affirmative action and a second on voting rights, a divided Supreme Court is poised to answer those questions.In one case, the issue is whether race preferences in university admissions undermine equal opportunity more than they promote the benefits of racial diversity. Just this past week, justices signaled their interest in scrutinizing affirmative action very intensely, expanding their review as well to a Michigan law passed by voters that bars “preferential treatment” to students based on race. Separately in a second case, the court must decide whether race relations — in the South, particularly — have improved to the point that federal laws protecting minority voting rights are no longer warranted....