Entrenchment of Bias in the SAT via Experimental Questions?
Recently, in Coalition to Defend Affirmative Action v. Regents of the University of Michigan, the Sixth Circuit struck down a recent amendment to the Michigan Constitution that prohibited the use of...
View ArticleTexas’s Brief Opposing Supreme Court Review in Fisher v. University of Texas
Two months ago, I wrote about the procedural defects I saw in the Texas affirmative action case Fisher v. University of Texas. At the time, I made a prediction: It is perhaps no surprise that the...
View ArticleThe Fisher Plaintiffs: Where Are They Now?
Following up on my post last week about Texas’s cert. opposition brief in Fisher v. University of Texas, I wanted to highlight Texas’s status updates on the two plaintiffs – and the unconventional...
View ArticleAll Quiet on the Fisher Front
UPDATE: The Court once again did not consider Fisher at its last conference. The waiting continues. * * * All those Fisher fans out there might be wondering what it means that the...
View ArticleNavigating the Jurisdictional Thicket Around Fisher v. University of Texas
Now that the Supreme Court has agreed to review the affirmative-action case Fisher v. University of Texas, it will have to leap the procedural hurdles that Texas raised in its brief in opposition and...
View ArticleThe Case That Could Decide Fisher’s Fate
Fisher has arrived, bringing with it the noisy public debate over affirmative action that Grutter had hushed for what turned out to be only a brief interregnum. Commentators are understandably focused...
View ArticleApplying to College? Say Cheese!
The 2003 affirmative action decisions, Grutter and Gratz, struck a classic O’Connor compromise. The predetermined point allocations for minority applicants in Gratz were unconstitutional because they...
View ArticleThe Case That Didn’t Spell Fisher’s Fate
Back in March, I called Knox v. SEIU “the case that could decide Fisher’s fate.” It could have. But it didn’t. To review, after the Court granted cert. in Knox, the respondent labor union attempted to...
View ArticleCert. Granted in Case on Mootness
A lurking question in some of my prior posts on Fisher v. University of Texas is whether Fisher could prevent Texas from mooting the case by refusing to accept Texas’s offer of full judgment ($100, or,...
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