Justices consider Harvard case on race in college admissions

US Legal News

With abortion and guns already on the agenda, the conservative-dominated Supreme Court is considering adding a third blockbuster issue — whether to ban consideration of race in college admissions.

The justices could say as soon as Monday whether they will hear an appeal claiming that Harvard discriminates against Asian American applicants, in a case that could have nationwide repercussions. The case would not be argued until the fall or winter.

“It would be a big deal because of the nature of college admissions across the country and because of the stakes of having this issue before the Supreme Court,” said Gregory Garre, who twice defended the University of Texas’ admissions program before the justices.

The presence of three appointees of former President Donald Trump could prompt the court to take up the case, even though it’s only been five years since its last decision in a case about affirmative action in higher education.

In that Texas case, the court reaffirmed in a 4-3 decision that colleges and universities may consider race in admissions decisions. But they must do so in a narrowly tailored way to promote diversity, the court said in a decision that rejected the discrimination claims of a white applicant. Schools also bear the burden of showing why their consideration of race is appropriate.

Two members of that four-justice majority are gone from the court. Justice Ruth Bader Ginsburg died in September. Justice Anthony Kennedy retired in 2018.

Related listings

  • Court: Local Wisconsin heath departments can’t close schools

    Court: Local Wisconsin heath departments can’t close schools

    US Legal News 06/11/2021

    The Wisconsin Supreme Court ruled Friday that local health departments do not have the authority to close schools due to emergencies like the coronavirus pandemic, delivering a win to private and religious schools that challenged a Dane County order....

  • Court nixes South Carolina’s lifelong sex offender registry

    Court nixes South Carolina’s lifelong sex offender registry

    US Legal News 06/09/2021

    South Carolina’s Supreme Court ruled on Wednesday that a state law requiring sex offenders to register for life, without prior judicial review, is unconstitutional. In a unanimous ruling, justices wrote that “requirement that sex offender...

  • Schumer recommending 2 voting rights lawyers to be judges

    Schumer recommending 2 voting rights lawyers to be judges

    US Legal News 06/07/2021

    The Senate’s top Democrat is recommending President Joe Biden nominate two prominent voting rights attorneys to serve as judges on the 2nd U.S. Circuit Court of Appeals and on the federal bench in Manhattan. Sen. Chuck Schumer has recommended t...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.