When President Biden nominated Ketanji Brown Jackson for the U.S. Supreme Court, it seemed like a major civil rights victory. But that victory could feel like a bitter irony this fall, when the high court hears two cases that will likely obliterate affirmative action. If Jackson gets approved by the Senate, she will probably be making two…

In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…

In the July 1999 issue of this journal (EJ 591 141) Philip T. K. Daniel and Kyle Edward Timken contend that the Fifth Circuit "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." Introduces article by Michael Rosman (EA 537 542) that takes strong issue with Daniel and Timken contending…

A highly divided federal appeals court has ordered that South Carolina allow a woman to enter the Citadel, an all-male military college, unless it establishes a comparable program for women or allows the Citadel to become a private institution. Litigation arose over the Citadel's rejection of a woman applicant. (MSE)

Notes various omissions in Daniel and Timken's (EJ 591 141) recitation of "Bakke" and "Hopwood." Examines their chief criticism of the "Hopwood" decision: that it overruled "Bakke," and the contention that the Fifth Circuit overruled because it did not have to address the question of whether educational…

Analysis of 110 state and federal court decisions from 1950-89 involving medical students and undergraduate medical education found 51 percent were disputes over general issues, most concerning admissions and dismissal. Recently, readmission, course repetition, and cheating have been increasingly addressed. Medical schools have generally prevailed…

Discusses the effects of the federal appellate court decision in "Hopwood v. University of Texas School of Law," which found race-based admissions criteria in violation of the Constitution. Reviews issues related to permissible admissions criteria, punitive damages, class actions, and administrator personal liability. (MAB)

In a review of the court decision and opinions in the Allan Bakke medical school admissions case, reasons are found for further proceedings on the issue and to dispute counsel's claim of having produced all available information. Available from Southern University School of Law, Southern Branch Post Office, Baton Rouge, LA 70813. (MSE)

Federal Supreme Court and appellate court decisions in 1996 concerning discrimination against college students are reviewed. Several decisions deal with diversity and the lawfulness of excluding applicants under a diversity rationale or extending preferences to certain classes of applicants to enhance diversity. Other cases of discrimination based…

Three landmark Supreme Court cases concerning affirmative action and racial discrimination within higher education institutions, and their interrelationships, are discussed: Hopwood vs. the State of Texas; Regents of the University of California vs. Bakke (1978); and Brown vs. Board of Education (1954). Treatment of the legal issues by the Center…

A federal court decision in which the University of Texas was supported in preferential admissions treatment of minority law school applicants is criticized as perpetuating racial discrimination by a state institution. The suit was brought by four white applicants who would likely have been admitted if they were of a preferred racial group but…

Argues in support of affirmative action in college and university admissions, noting the actual, relatively small effect of affirmative action on white admission and opportunity, and suggesting other possible reasons for the heated debate. Notes two related Supreme Court decisions made a century apart and reviews statistical studies in support of…

A federal appeals court has upheld an amendment to California's constitution that bars government agencies from granting preferences based on gender or race. The California Civil Rights Initiative, or Proposition 209, was found not to violate the Equal Protection Clause. If the ruling is not reversed, public colleges and universities will be…