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SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now

Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more

DOJ and ED Issue Guidance on Supreme Court Affirmative Action Decision

On Aug. 14, 2023, the U.S. Departments of Justice and Education (DOJ and ED) issued guidance to institutions of higher learning concerning the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v....more

College Legacy Admission Preferences Called Into Question in New Challenge

On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more

U.S. Supreme Court SFFA College Affirmative Action Ruling: Implications for Corporate DEI

On June 29, 2023, the U.S. Supreme Court struck down the affirmative action student admissions practices at Harvard College and the University of North Carolina at Chapel Hill (UNC) in a pair of cases brought by Students for...more

U.S. Supreme Court: College Board’s “Censure” Does Not Violate First Amendment

In a unanimous decision, the U.S. Supreme Court concluded on March 24, 2022, that the Board of Trustees for the Houston Community College System (HCC) did not violate the First Amendment when it censured one of its members....more

Supreme Court Signals Support for Broad Ministerial Exception in Education

The U.S. Supreme Court on Feb. 28, 2022, denied a petition for writ of certiorari in an important ministerial exception case, Gordon College v. DeWeese-Boyd. The religious college had appealed a 2021 decision from the...more

Decision on Race-Based Admissions in K-12 May Serve as National Guide

On Jan. 24, 2022, the U.S. Supreme Court agreed to hear two cases on the use of race in undergraduate admissions. Just one month later, federal district courts were already beginning to hear challenges to similar programs...more

More Changes to College Athlete Compensation

Less than two weeks after the U.S. Supreme Court’s significant decision in NCAA v. Alston, college athletes secured yet another win in their prospects for compensation. The NCAA recently announced a new interim policy...more

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