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Affirmative Action Strict Scrutiny Standard

Bass, Berry & Sims PLC

Harvard College’s Affirmative Action Admissions Plan Upheld in Recent Decision: Key Takeaways for Colleges & Universities

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On September 30, 2019, the District Court for the District of Massachusetts issued its long-awaited opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, _ F. Supp. 3d. _, 2019 WL 4786210,...more

Husch Blackwell LLP

Harvard Race-Conscious Admissions Process Is Lawful

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A few weeks ago, the United States District Court of Massachusetts issued its long-awaited decision in the lawsuit brought by Students for Fair Admissions, Inc. (“SFFA”) against Harvard University (“Harvard”). In a 130-page...more

ArentFox Schiff

Federal Judge Upholds Harvard's Race-Conscious Admissions Policy

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In a much anticipated decision, Judge Allison Burroughs of the US District Court for the District of Massachusetts held this week that Harvard College’s admission’s policy, which considers race among many factors, is lawful....more

Foley & Lardner LLP

What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

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Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a...more

FordHarrison

Supreme Court Upholds University Affirmative Action Admissions Policy

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On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior...more

Littler

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

Littler on

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

Jackson Lewis P.C.

High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

Jackson Lewis P.C. on

In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

Mintz - Education and Nonprofits Viewpoints

U.S. Supreme Court Upholds Affirmative Action Program at University of Texas

On June 23, 2016, in its second time hearing Fisher v. University of Texas, the U.S. Supreme Court upheld the affirmative action admissions program at the University of Texas at Austin. The Court held that the program is...more

Foley Hoag LLP

Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

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The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This...more

Ballard Spahr LLP

University’s Race-Conscious Admissions Program Upheld by Supreme Court

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The U.S. Supreme Court today affirmed the University of Texas at Austin's admissions program, which permits consideration of an applicant’s race as one of a number of factors in admissions decisions. Justice Kennedy authored...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fisher v. University of Texas at Austin

On June 20, 2016, the U.S. Supreme Court decided Fisher v. University of Texas at Austin, No. 14-981, holding that the Equal Protection Clause of the Fourteenth Amendment permits the University of Texas’ use of race-conscious...more

Bradley Arant Boult Cummings LLP

United States Supreme Court Upholds University of Texas Affirmative Action Policy

In a 4-3 decision released today, in Fisher v. University of Texas at Austin, the United States Supreme Court affirmed that the University’s race-conscious admissions policy meets strict judicial scrutiny and is lawful under...more

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

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The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Foley Hoag LLP

The U.S. Department of Justice and Department of Education Release New Information About Using Race in Higher Education

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On September 27, 2013, the U.S. Department of Justice and Department of Education released a document entitled “Questions and Answers About Fisher v. University of Texas at Austin.” This is the first guidance released by...more

Dechert LLP

Fisher Revisits "Strict Scrutiny" As Applied to Affirmative Action in College Admissions Programs

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In an Opinion authored by Justice Anthony Kennedy for a 7-1 majority, the United States Supreme Court in Fisher v. University of Texas at Austin, et al., allowed public colleges and universities to retain their affirmative...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Reactions to Fisher: Grutter Survives, for now—But What About Title VI?

As we and just about everyone else have noted, Justice Kennedy, writing for a 7-to-1 majority of the Supreme Court of the United States, sent the hot potato Fisher case back to the Fifth Circuit Court of Appeals to “assess...more

Franczek P.C.

The Impact Of Fisher v. Texas On Race-Conscious Assignment Decisions In K-12 Schools

Franczek P.C. on

The big news this week in education is the U.S. Supreme Court’s 7-1 decision in Fisher v. University of Texas. In Fisher, the Court held that the lower court should not have taken at face value the University’s claim that it...more

Jackson Walker

Supreme Court tells Fifth Circuit to "Do-Over"

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On Monday, the United States Supreme Court issued its decision in the affirmative action case of Fisher v. University of Texas at Austin. In a 7-1 decision (Justice Kagan recused herself because she had previously worked on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Approves Affirmative Action In College Admissions, But Remands For Additional Analysis Of Admissions Process

Justice Kennedy, in an opinion joined by Chief Justice Roberts and Justices Alito, Scalia, Thomas, Breyer, and Sotomayor, wrote that public universities’ race-conscious admissions policies are constitutionally permissible and...more

Miller & Martin PLLC

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

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Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

Holland & Knight LLP

Supreme Court Rules that Lower Courts Failed to Apply Rigorous Enough Scrutiny to Racial Classification in Higher Education...

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In a 7-1 opinion, the United States Supreme Court concluded in Fisher v. Univ. of Texas, No. 11-345 (June 24, 2013) that lower courts had failed to apply a rigorous enough scrutiny to the University of Texas' use of racial...more

Proskauer - Government Contractor Compliance...

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a...more

Proskauer Rose LLP

Supreme Court Reinforces Strict Standard of Review of Affirmative Action Programs

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In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court vacated the Fifth Circuit's decision upholding a university's affirmative action plan that considered race as one of the factors in its...more

Franczek P.C.

U.S. Supreme Court Directs Fifth Circuit To Reevaluate University Of Texas Admissions Process Using “Correct” Strict Scrutiny Test

Franczek P.C. on

In a 7-1 decision (in which Justice Elena Kagan did not participate), the U.S. Supreme Court ruled in Fisher v. University of Texas at Austin that the U.S. Court of Appeals for the Fifth Circuit applied the incorrect strict...more

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