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…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

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…

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)

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 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…

The federal court decision in Hopwood versus the State of Texas, in which the court ruled that race could not be used as a factor in law school admission, is forcing universities to reexamine their reliance on standardized tests as admission criteria. Reduced use of test scores can then allow more active recruitment of top minority students. (MSE)

A federal court ruling to desegregate Louisiana state colleges and universities would require substantial changes, including creation of a single governing board and system, designation of Louisiana State University as a selective flagship institution, creation of a community college system, reduction of program duplication, and affirmative…