College Admissions

News & Analysis as of

Supreme Court Deals Affirmative Action Another Blow, But Impact on Colleges and Universities Likely Limited

The U.S. Supreme Court continued its decade-long interest in the role of affirmative action in the higher education admissions process, and decided to uphold a state law banning the practice. In Schuette v. Coalition to...more

Supreme Court Rules Public Universities In Michigan Can't Consider Race In Admission Decisions - In Schuette v. Coalition To...

The U.S. Supreme Court handed down its decision in Schuette v. Coalition to Defend Affirmative Action, et al. on April 22, 2014, in which plaintiffs challenged a voter-approved amendment to Michigan's constitution prohibiting...more

U.S. Supreme Court Upholds Michigan Constitutional Amendment Prohibiting Use Of Race-Based Preferences In State University...

Executive Summary: The U.S. Supreme Court has upheld an amendment to the Michigan constitution that prohibits the use of race-based preferences as part of the admissions process for all state universities. See Schuette v....more

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend...more

Supreme Court Upholds Strict Scrutiny Standard In Affirmative Action

On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a...more

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations. ...more

Government Offers Additional Guidance On The Use Of Race In Admissions

Last Friday, the U.S. Department of Education and U.S. Department of Justice issued a joint “Dear Colleague Letter” addressing the impact of Fisher v. University of Texas, the recent Supreme Court decision involving the use...more

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

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

New CRS Report: Banning the Use of Racial Preferences in Higher Education

An interesting new report from the Congressional Research Service reviews Schuette v. Coalition to Defend Affirmative Action, a case heading to the Supreme Court this upcoming 2013-2014 Term that will consider “whether it is...more

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

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

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

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

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

Supreme Court tells Fifth Circuit to "Do-Over"

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

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

Fisher v. University of Texas: Considerations Of Race In Admissions Survive, Subject To Strict Judicial Scrutiny

In Fisher v. University of Texas, the U.S. Supreme Court left intact the core principle, embodied in its earlier decisions, that college and university admissions policies and practices that give consideration to an...more

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

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

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

Supreme Court Reinforces Strict Standard of Review of Affirmative Action Programs

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

Supreme Court Issues Affirmative Action Ruling

Yesterday, the U.S. Supreme Court issued a ruling in Fisher v. University of Texas at Austin addressing the use of race as a consideration in admissions....more

Supreme Court Rules On Using Race In University Admissions

On June 24, 2013, the U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the 5th Circuit that upheld a race-conscious student admissions process used by the University of Texas. The decision clarifies...more

U.S. Supreme Court Finds Affirmative Action Admission Policies Unconstitutional Absent Passing Strict Scrutiny Standards

In a 7-1 opinion, on June 24, 2013, the Supreme Court of the United States upheld the use of affirmative action policies in higher education, albeit only those that can withstand strict scrutiny under the Equal Protection...more

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

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

Supreme Court: University Admissions Case Remanded To Fifth Circuit For Review Of University Of Texas Means To Achieve Student...

The Supreme Court yesterday did not provide the bang many expected out of its Fisher v. Texas ruling, but it may have more far-reaching implications for universities....more

Texas Moves Forward with Bill to Ensure Flexibility in Admissions

On April 9, 2013, the Texas Senate approved a bill allowing the University of Texas at Austin (UT-Austin) to maintain its cap on automatic admissions through at least 2017 no matter the U.S. Supreme Court’s decision in Fisher...more

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