News & Analysis as of May 12, 2025

Universities

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

New Administration Outlook: How Educational Institutions Can Navigate the Attack on DEI

Davis Wright Tremaine LLP on 4/3/2025

As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal...more

OCR’s Directive on Race-Conscious Policies in Higher Education

Troutman Pepper Locke on 2/25/2025

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

Saul Ewing LLP on 2/24/2025

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement...

Husch Blackwell LLP on 2/21/2025

On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

Jenner & Block on 2/20/2025

On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

Littler on 2/19/2025

On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL...more

Dear Colleague: Watch Out

Woods Rogers on 2/18/2025

In a tersely worded “Dear Colleague” letter dated February 14, 2025 (pdf), the U.S. Department of Education’s Office of Civil Rights (OCR) signaled its intent to combat “pervasive and repugnant race-based preferences and...more

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

Foley Hoag LLP - White Collar Law &... on 2/29/2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Client Alert: The Supreme Court Denies Certiorari in Coalition for TJ v. Fairfax County School Board: What This Means for Colleges...

Jenner & Block on 2/27/2024

On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...more

Client Alert: Senator J.D. Vance Calls for FTC and DOJ to Investigate Admissions Practices of Universities in the Wake of SFFA

Jenner & Block on 9/5/2023

On August 10, 2023, Sen. J.D. Vance, R-Ohio, called for the Federal Trade Commission and the U.S. Department of Justice to investigate top universities for allegedly coordinating their admissions policies following the U.S....more

Client Alert: Biden Administration Releases Anticipated Guidance on College Admissions After Supreme Court’s Decision in Students...

Jenner & Block on 8/16/2023

On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more

The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education

Husch Blackwell LLP on 7/18/2023

Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery, for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and...more

Harvard and UNC [6 Things You Need to Consider for Your DEIA Program]

DCI Consulting on 7/14/2023

DCI Consulting Group (DCI) is monitoring reactions, answering questions, and releasing content related to the June 2023 Supreme Court ruling on with affirmative action in higher education. The Court's majority opinion was...more

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

Parker Poe Adams & Bernstein LLP on 7/11/2023

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...more

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

Lathrop GPM on 7/7/2023

On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

Perkins Coie on 7/6/2023

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Now That We're Past the Holiday, Let's Dissect the Supreme Court's Decision Concerning Affirmative Action and Any Implications It...

BakerHostetler on 7/6/2023

In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at...more

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Spilman Thomas & Battle, PLLC on 7/5/2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

BREAKING: U.S. Supreme Court Rules on Affirmative Action in Admissions

Bond Schoeneck & King PLLC on 6/30/2023

BREAKING: U.S. Supreme Court ruled that Harvard’s and UNC’s admissions programs, which factor an applicant’s race into account during the admissions process, are unconstitutional based on Equal Pro-tection Clause/Fourteenth...more

Us Supreme Court: Affirmative Action in College Admissions Must Come to an End

Morgan Lewis on 6/30/2023

The US Supreme Court issued a landmark decision on June 29, 2023 regarding challenges to race-conscious admissions programs at Harvard University and the University of North Carolina (UNC). In a 6–3 decision split along...more

First Take on the Admissions Decisions—with More to Come

Miller Nash LLP on 6/30/2023

Digesting Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Supreme Court Case Nos. 20-1199 and 21-107 (June 29, 2023) is going to take time. Our education law team will provide more substantial...more

An Educated Guess: Anti-DEI Legislation Raises Legal and Practical Concerns for Colleges and Universities

ArentFox Schiff on 6/15/2023

On May 15, 2023, Florida Governor Ron DeSantis signed legislation that impedes Diversity, Equity, and Inclusion (DEI) programs at public higher education institutions throughout the state. Florida’s legislation is among a...more

Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?

Morrison & Foerster LLP on 3/29/2023

With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI)...more

Universities Prepare for End of Affirmative Action

Pillsbury Winthrop Shaw Pittman LLP on 3/16/2023

Schools are developing strategies now for maintaining campus diversity if the Supreme Court bars consideration of race in admissions. Many experts believe that the Supreme Court will hold that Harvard and UNC’s...more

What Could the Supreme Court's Rulings on Affirmative Action in Higher Education Admissions Mean for Employers' Diversity, Equity,...

Venable LLP on 11/9/2022

The possible fate of affirmative action is at the forefront of U.S. Supreme Court watchers' attention this term. The general consensus among legal scholars and academics ranges from "concern" that the Court may be primed to...more

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Supreme Court of the United States › Diversity and Inclusion Standards (D&I) › Universities

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