The Latest Breaking News from Bakke

An Introduction To Constitutional Law Video Library: Brown v. Board of Education (1954), Bolling v. Sharpe (1954), Grutter v. Bollinger (2003) v. Bollinger (2003) v. Aaron (1958), Loving v. Virginia (1967), Regents of the University of California v. Bakke (1978), Gratz v. Bollinger (2003), Fisher v. University of Texas at…

Michael Stokes Paulsen, Michael McConnell, Sam Bray, and I recently completed and posted the 2023 online supplement to our constitutional law casebook: The Constitution of the United States. (I shilled for the book earlier on this blog -- at the start of the Trump administration -- as "A new constitutional…

Conservatives have embraced the argument that Asian Americans are "the new Jews." Their true goal is no mystery

I was asked to give some brief remarks on the affirmative action cases at a panel discussion at the University of Baltimore today. I typed up some notes, and I thought they were worth sharing: I think at least seven Justices, including Kagan on the left, converged on the notion…

In 1978, the Supreme Court issued its first significant affirmative action judgment in Bakke. The Court split 4-4-1. Four Justices argued that the 1964 Civil Rights Act barred the use of race in university admissions. Four justices contended that neither the Act nor the Fourteenth Amendment prohibited the use of…

At the end of this month, the U.S. Supreme Court is poised to hear arguments in two closely watched cases on affirmative action in higher education. They’re widely expected to overturn the 1978 case that allowed racial diversity to become an organizing principle for college admissions. Like Roe v. Wade,…

WASHINGTON — The Supreme Court opens a historic term Monday by welcoming its first Black woman to the bench as it faces challenges to past liberal rulings on race, affirmative action and voting rights.

In a 2007 Supreme Court decision involving a school district in Seattle, Chief Justice John Roberts wrote: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”