New York Law School

Archive for November, 2014

Fisher on Remand: Reconsidering the Rationale behind Race-Conscious Admission Programs

In Grutter v. Bollinger, the U.S. Supreme Court held that the use of race in school admission programs may be constitutionally permissible only if necessary to achieve student body diversity.[i] Today it is widely accepted by the courts that diversity forms the only constitutional justification for affirmative action programs. Stare decisis notwithstanding, however, it may be time to consider an alternative to the diversity rationale in light of the implications it carries for the most recent challenge to affirmative action in school admissions. A challenge that is likely to come again before the Supreme Court this coming term.

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