As the fight over diversity-oriented postsecondary strategies like race-conscious admissions (commonly known as affirmative action) continues to play out in the courts with new legal cases, it is critical to better understand the ways policy actors in this arena are leveraging social science research and other types of sources in their organized…

Affirmative action in postsecondary admissions may be the most visible area where the battles over the consideration of race in educational policy and practice have played out in the law. After decades of sustained legal attacks on the efforts of universities to implement policies that disrupt racial inequalities, many in the higher education…

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

Background/Context: Seeking to avoid litigation or a legal threat, many postsecondary institutions are responding to a legal and policy environment that seeks to end the consideration of race in education policies by adopting race-neutral policies and practices in admissions, even when not explicitly required to do so by law. Yet, such responses…

Racial and ethnic student body diversity is essential for medical schools to serve their educational mission of addressing racial and ethnic health inequities in the United States. Yet bans on the practice of affirmative action in six states have led to declines in students of color enrolled in medical schools. In this article, we examine prior…

Different from more traditional policy-making avenues, the courts provide an antipolitical arena that does not require broad agreement from various constituents for policy enactment. Seeking to guide court decisions on these policy issues, individuals and organizations have filed "amicus" briefs that increasingly include social science…

For the second time in three years, the Supreme Court is reviewing the constitutionality of a race-conscious admissions policy at the University of Texas, Austin. While the case, "Fisher v. University of Texas," raises questions specific to UT Austin, the Court's second review could change the ways higher education institutions across…

Over the last few years, even as the U.S. Supreme Court was considering the constitutionality of race-conscious policies in postsecondary admissions in "Fisher v. University of Texas" (2016), a new wave of attacks in the conservative agenda to dismantle affirmative action (as the policy is more commonly called) emerged. First, in 2014…

As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education's Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency's…

In "Fisher v. University of Texas at Austin" (2013), the U.S. Supreme Court most recently recognized the right of universities to pursue a mission-centered interest in the educational benefits of student body diversity. The decision, however, also reminded institutions of the limited ways they are allowed to consider race in admissions…

During its 2013-2014 term, the U.S. Supreme Court will consider the constitutionality of Proposal 2, a ballot measure that amended Michigan's state constitution to ban the consideration of race in admissions at public postsecondary institutions. This article outlines the legal questions that have emerged in the case--Schuette v. Coalition to…

Guided by a bottom-up policy implementation framework, this study draws from semi-structured interviews of 14 campus-level administrators charged with implementing diversity policy at the University of Michigan to investigate how an affirmative action ban (Proposal 2) influenced their efforts in support of racial/ethnic diversity at the…

Through an analysis of relevant social science evidence, this article provides a deeper understanding of critical mass, a concept that has become central in litigation efforts related to affirmative action admissions policies that seek to further the educational benefits of diversity. We demonstrate that the concept of critical mass requires an…

This study examines the impact of affirmative action bans in six states (California, Washington, Florida, Texas, Michigan, and Nebraska) on the matriculation rates of historically underrepresented students of color in public medical schools in these states. Findings show that affirmative action bans have led to about a 17% decline (from 18.5% to…

Diversity today is considered central to the capacity of postsecondary institutions to thrive in an increasingly multiracial and multiethnic society. However, as universities take steps to reap the educational benefits of racial and ethnic diversity, legal decisions and state laws increasingly restrict the tools these institutions have…