Remove Constitutional Law Remove Laws Remove Legal Remove North Carolina
article thumbnail

Affirmative Action Kicked Off Busy Week for SCOTUS

Constitutional Law Reporter

University of North Carolina, which are poised to determine the role of affirmative action in college admissions. 2241 whenever it “appears that the remedy by [ยง 2255] motion is inadequate or ineffective to test the legality of [their] detention.” Harvard College and SFFA v. Bollinger , 539 U.S. 306 (2003).

article thumbnail

Do or DEI? Federal Judge Finds DEI Policies are Mandatory and Unconstitutional in California Case

JonathanTurley

Law schools are also facing controversial mandates. In 2022, the American Bar Association required law schools to โ€œprovide education to law students on bias, cross-cultural competency, and racism: (1) at the start of the program of legal education, and (2) at least once again before graduation.โ€ He later apologized.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Lengthier opinions and shrinking cohesion: Indications for the future of the Supreme Court

SCOTUSBlog

Alitoโ€™s core legal analysis remained largely the same, with lengthy passages from the draft reappearing verbatim in the final opinion. Some language from the draft was omitted in the final opinion โ€” mostly concerning legal citations. Alito also added some new language, the bulk of which responded to the dissent and concurrences.

Drafting 107
article thumbnail

โ€œBakke to the Futureโ€: Supreme Court Reconsiders Affirmative Action with a conservative Majority

JonathanTurley

University of North Carolina. University of North Carolina. The Harvard and North Carolina cases raise long-standing objections that universities are gaming the system by using ambiguous โ€œcritical massโ€ arguments on diversity to achieve the same results as formal quota systems. In Gratz v.

Court 35
article thumbnail

The court is poised to set jurisprudence on race for generations โ€” and not just in affirmative action

SCOTUSBlog

Bollinger declared an expectation that affirmative action would no longer be necessary in 25 years โ€” a self-imposed expiration date that would be unheard of in any other area of constitutional law. But the initial Constitution was of course not colorblind: It protected slavery.

Court 102
article thumbnail

Showdown at TJ: How a Virginia High School Became The Latest Battleground Over Racial Discrimination

JonathanTurley

It began with a decision to drop admissions standards to achieve greater diversity, and now there is a fair possibility that this small high school will be the subject of a Supreme Court challenge with far-reaching legal, educational and social implications. Done: Instant equity. Follow him on Twitter @JonathanTurley.

article thumbnail

Bidenโ€™s โ€œNormalโ€: The Presidentโ€™s Constitutional Takes are Becoming More Unhinged from History

JonathanTurley

Indeed, the rulings in cases involving Harvard and the University of North Carolina ended decades of muddled 5-4 decisions. Yet, President Joe Biden seemed to go into full attack mode and actually claimed that the Court gutted the constitutional guarantee that “all men and women are created equal.”