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 the wake of the Supreme Court's ban on race-conscious admissions, the pursuit of diversity and equity in higher education is increasingly under threat. While access to higher education has improved overall for historically underrepresented students, the quality of that opportunity remains uneven, particularly along the lines of race/ethnicity…

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…

The United States and Brazil have histories of colonization, slavery, and racial inequalities. In addition, both countries have adjudicated cases centered on the use of affirmative action admissions policies in higher education but with differing results. The constitutional court of Brazil, the Supremo Tribunal Federal, ruled universities could…

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…

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…

Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…

Since 1980, the Supreme Court has declined to grant review of any cases challenging voluntary affirmative action. The debate about its constitutionality, and about quotas, goals, timetables and other specific practices, thus seems destined to be heard only in public and political forums. (Author/GC)

Describes the problem arising from the Supreme Court's divided opinion in the 1978 higher education affirmative-action case of "Regents of the University of California v. Bakke"; discusses the outcome of several affirmative-action cases since "Bakke"; speculates on future efforts to further student diversity in higher…

Uses a question-and-answer format to amplify the "Weber" decision and explain how the case affects an employer. Is particularly concerned with the role of quotas in affirmative action plans. (IRT)

By accepting two appeals on the voluntary use of race in assigning students to public schools, the U.S. Supreme Court will likely decide the constitutionality of widespread practices that school districts use to promote diversity. And the decision could affect schools in unforeseen ways. In both cases, parents of white children have challenged…

The Supreme Court decision in "Johnson v. Transportation Agency" supports affirmative action in principle. However, the types of affirmative action the courts will allow will continue to vary significantly. Questions and answers provide guidance for educational institutions. (MLF)

While still leaving some questions unanswered, the guidelines provided in the "Weber" case have clearly helped to clarify the legal status of race-conscious employee selection procedures. (Author/IRT)