Partner Andy Lester was recently quoted in Law360 for his insights regarding the U.S. Supreme Court’s decision in Fisher v University of Texas, in which the Court ruled that the university’s race-conscious admissions policy is constitutional, rejecting a challenge by an unsuccessful applicant who claims she was discriminated against because she is white.
Lester stated, “While the decision affirms universities may continue to use racial and ethnic diversity as a goal for admissions purposes, the court emphasizes this ability is limited.” He continues that “How the decision will apply to other affirmative action admissions plans remains questionable, especially in light of the court’s comment that the University of Texas policy ‘is sui generis,’ i.e., unique. Moving forward, universities should review and update their affirmative action admissions policies to reflect changing demographics.”
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