Affirmative Action, Discrimination and Diversity: Affirmative Action

School system did not discriminate against Asian American students when it changed admissions criteria for magnet schools. The US Supreme Court denied cert.

Ohio Capital Journal 7/25/23

The race-conscious admissions program in use at the time of petitioner’s application is lawful under the Equal Protection Clause. Clarified Grutter v. Bollinger by stating that a university may not consider race as a factor in admissions unless "available, workable race-neutral alternatives do not suffice," and that such a decision warrants strict scrutiny.

US Supreme Court held that a race-sensitive admissions program was narrowly tailored because the consideration of race was merely one factor in the decision-making process and individualized consideration was given to each applicant.

The UC Davis School of Medicine admissions program violated the Equal Protection Clause with the institution of quotas for underrepresented minorities. However, Justice Lewis F. Powell Jr.'s concurring opinion deemed diversity in higher education a "compelling interest" and held that race could be one of the factors in university admissions.

US Supreme Court rules against Harvard and the Univ. of NC in 2023, because they unconstitutionally used race in admissions decisions, casting doubt on the diversity rationale for affirmative action.

8/14/23

Formerly for minority owned businesses, now for socially and economically disadvantaged.

Complaint filed in the US Dept of Education, Office of Civil Rights APNews 7/3/22

ABA Journal 8/23/23

Wikipedia

Reuters 9/22/23

CNN 4/20/22

Fortune 8/5/23

Ohio's Buckeye Institute says law firms' minority clerkship programs are unconstitutional. 3/25/24

ProPublica 6/29/22

Lucy Williams, 56 Arizona State Law Journal 365 (2024)

This entire issue of the Southern Methodist Law Review deals with affirmative action

Zamir Ben-Dan, 15 Ala. C.R. & C.L. L. Rev. 45 (2024)

Sheldon Bernard Lyke, 80 Wash. & Lee L. Rev. 1873 (2024).

Seattle U. Law. Rev. v.47, issue 4 (2024)

Ellen Whitehair, Univ. of Cinn. Law. Rev. (May 2024)

Monea, Nino, (September 10, 2023). Boston University Public Interest Journal

Robert Chang, 54 Seton Hall L. Rev. 1307 (2024)

25 Federalist Society Review 72 (2024).

Kate Frerking, 89 Mo. L. Rev. 355 (2024)

Olatunde C.A. Johnson, 54 Seton Hall L. Rev. 1279 (2024)

Robert L. Tsai, 54 Seton Hall L. Rev. 1419 (2024)

Paul Gowder, 32 Wm. & Mary Bill Rts. J. 979 (2024)

Joel K. Goldstein, 54 Seton Hall L. Rev. 1353 (2024)