Affirmative Action on the Chopping Block
Amicus With Dahlia Lithwick | Law, justice, and the courts
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What the Courts Decided in These Cases?
Students for fair admissions saw the signaling in Fisher as an invitation to bring a claim of discrimination against Asian Americans. And there's been a lot of conflation between the issue of challenging race-conscious admissions and the arguments that Harvard or UNC is in complying with existing doctrine. The court essentially says you can use it for diversity purposes, not for remediation of past harms. That's reaffirmed really importantly in Gruder, which is the Michigan case where the court says, really explicitly, it's a factor.
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