On October 31, 2022, the Supreme Court of the United States (“SCOTUS” or “the Court”) heard oral arguments in two cases challenging the race-conscious student admissions policies used by Harvard University and the University of North Carolina (“UNC”) to promote diverse school enrollments. The final decision in this case likely will be released at the end of the current term—in late June or early July 2023. It could have important implications not only for colleges and universities but also for public school districts.

Continue Reading Affirmative Action: The Possible K-12 Impacts of the Supreme Court Cases Involving Harvard and UNC

On January 24, 2022, the United States Supreme Court (the “Supreme Court” or the “Court”) granted certiorari in the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (“SFFA v. Harvard”) case. The Court consolidated SFFA v. Harvard with SFFA v. University of North Carolina (“UNC”) because both lawsuits are being brought by the SFFA and seek to reverse the Court’s 2003 decision in Grutter v. Bollinger, 539 U.S. 306 (2003), upholding narrowly tailored, race-conscious measures to promote diverse student bodies in colleges and universities. The Court has extended the briefing schedule, and merits briefing will be completed this summer, with oral argument early in the October 2022 Term.
Continue Reading Supreme Court to Hear Case on the Continuation of Affirmative Action in College Admissions

200275123-001In a joint letter issued February 22, 2017, the Departments of Education (ED) and Justice (DOJ) withdrew prior Title IX guidance from the Obama administration that required schools receiving federal funding to allow students to use sex-segregated facilities according to their gender identity, as opposed to their anatomical birth sex. To learn more, please visit