High Court Opens Door For More Affirmative Action Suits
Public universities could face a wave of affirmative action suits after the U.S. Supreme Court's decision in Fisher v. University of Texas. The court demanded a closer look at the university's methods for creating student diversity, which constitutional law practitioners are saying should be a warning to colleges across the country.
"The critical point is that the court said that deference should only be extended to defining diversity as a compelling interest," said Appellate Partner Nathan Adams. "But how a university goes about accomplishing that goal is subject to strict scrutiny."