Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?
Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?
Affirmative Action
Fourth Circuit Ruling in Anti-Asian Discrimination Case Sets a Dangerous Precedent
The decision sets a dangerous precedent licensing the use of facially neutral policies to discriminate against minorities in various contexts.
Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court
Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?
Yet Another Shady, Hypocritical Document Hoarder
Plus: The editors field a listener question on college admissions and affirmative action.
Time To End Affirmative Action? Live With David Bernstein and Kenny Xu
The authors will join Reason on Thursday at 1 p.m. Eastern to discuss the Supreme Court cases alleging unlawful discrimination against Asian Americans by Harvard and the University of North Carolina.
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina
The Originalist Debate About Affirmative Action
The Supreme Court grapples with the original meaning of the 14th Amendment in Students for Fair Admissions v. University of North Carolina.
The Supreme Court's Options in the Harvard and UNC Affirmative Action Cases
The conservative majority on the Court is highly likely to rule against the two schools' use of racial preferences in admissions. But there are several different ways it could do so, which have different implications for future cases.
The Supreme Court Could End Affirmative Action
In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act
Could Failure to Inform Insurer of Affirmative-Action Lawsuit Cost Harvard $15 Million?
Pro-tip: If you are sued, and you expect your insurer to pick up the bill, it is a good idea to give them timely notice.
On Affirmative Action, Clarence Thomas Took a Page From Malcolm X
Understanding the jurisprudence of the conservative Supreme Court justice
Fourth Circuit Stays Trial Court Ruling Against Racial Balancing Policy Discriminating Against Asian Applicants to Prominent Virginia Public School
The stay may signal that the federal appellate court will ultimately uphold the school's policy.
Judge Ketanji Brown Jackson Says She Intends to Recuse from Harvard Admissions Case if Confirmed
While some legal ethics experts suggest recusal would not be necessary, the SCOTUS nominee suggested she thinks otherwise.
Fairfax County School Board To Appeal Ruling Against Racial Balancing Efforts
The school board is fighting a federal judge’s ruling against a new admissions policy at Virginia's elite Thomas Jefferson High School.
Should Ketanji Brown Jackson Recuse in Harvard Admissions Case?
Does her position on Harvard University's Board of Overseers require or counsel her recusal once she is confirmed?
Federal Court Strikes Down Racial Balancing Policy Resulting in Discrimination Against Asian Applicants at Prominent Virginia Public School
The new admissions policy at Thomas Jefferson High School for Science and Technology did not explicitly discriminate based on race. But the court found it was intended to reduce the number of Asian students admitted, in order to increase the percentage of students from other groups.
Rights and Wrongs of Replacing Traditional Affirmative Action with Preferences for Descendants of Slaves
This approach would avoid many of the flaws of traditional racial preferences. But it has some downsides of its own.
My Boston Globe op ed on What the Supreme Court Should do in the Harvard and UNC Affirmative Action Cases
I argue the justices should crack down on the dubious "diversity" rationale for racial preferences, and curb discrimination against Asian-American applicants.
My NBC Article on the Affirmative Action Cases Accepted by the Supreme Court.
The article explains key issues in the case, and outlines what I think the Court should do.
Supreme Court To Hear 2 Cases Challenging Race-Based College Admissions
The Supreme Court could decide the fate of affirmative action at public and private universities.
Supreme Court Takes Two Cases Challenging Racial Preferences in College Admissions
One involves racial preferences at Harvard, the other at the University of North Carolina at Chapel Hill.
Kenny Xu: The Growing Attacks on Asian American Excellence
The Inconvenient Minority author and head of Color Us United says it's time for the country to become truly colorblind.
Sixth Circuit Enjoins Use of Race and Sex Preferences for Coronavirus Relief Funding
A divided panel grants a preliminary injunction against privileging relief applications based on the race or sex of the applicant.
Lawsuit Challenging Racial Balancing and anti-Asian Discrimination at Prominent Selective Public High School Will Proceed
A federal court denied the Fairfax County School Board's motion to dismiss the case.
Federal Race-/Sex-Based Restaurant Revitalization Fund Grants Blocked
A court issues a temporary restraining order, finding plaintiff's claim was likely to succeed on the merits.
John McWhorter on Cursing, Anti-Racism, and Why 'We Need to Stop Being So Afraid'
Columbia University linguist John McWhorter on "anti-racism" as a new, misguided civic religion and his new book on curses, Nine Nasty Words.
Senate Passes Anti-Asian Hate Crimes Bill That Doesn't Prohibit Discrimination in College Admissions
Plus: Biden proposes a massive tax hike, scientists may have invented a successful malaria vaccine, and more...
My "The Hill" Article About Anti-Asian Discrimination on Left and Right
The article shows how the left and right-wing versions of hostility to Asians have much in common.
An Elite Public High School Changed Its Admissions Standards To Reduce the Asian-American Student Population
In the name of helping racial minorities, officials are adopting a plan that would boost whites at the expense of Asian Americans.
Important New Lawsuit Challenges Attempted Racial Balancing at Prominent Selective Virginia Public High School
The case could set an important precedent because it addresses facially neutral attempts at racial balancing, and because the school in question is currently over 70% Asian-American, and new policy seeks to reduce that percentage.
Adjunct Law Professor Fired for Saying to Colleague, "A Lot of My Lower [Graded Students] Are Blacks"
Compare: “With the exception of traditionally black law schools ..., the median black law school grade point average is at the 6.7th percentile of white law students.”
School District Decides Asians Aren't Students of Color
The absurdities that result from overreliance on semi-arbitrary race-based categories
Victories for Liberty, Property Rights, and Nondiscrimination on Three Major California Ballot Measures
Beneficial outcomes on at least three of four important California ballot measures: racial preferences, rent control, and protecting ride-share businesses and workers.
California Voters Reject Race, Sex, Ethnic Preferences in Government Employment, Education, and Contracting
California is vastly further Left today than it was in 1996 when it generally banned such preferences—yet even California voters rejected a repeal of the ban, by a 56-44% margin.
Californians Vote on Four Ballot Measures with Major Stakes for Liberty, Property Rights, and Justice
These votes could have a big impact on the nation as a whole, as well as California.
Affirmative Action in College Admissions Will Be on California's Ballot in November
A November ballot initiative would pit minority communities against each other.
California Lawmakers Seek To Reinstate Affirmative Action by Repealing Proposition 209
Assembly Constitutional Amendment 5 is now in the hands of the state Senate.
Harvard Discriminates Against Asian-Americans, and 'Implicit' Bias Training Won't Fix That
Race-based admissions will likely make a return visit to the Supreme Court.
Ed Department: Texas Tech Medical School May No Longer Consider Race in Admissions Decisions
The Health Sciences Center did not demonstrate that race-based affirmative action was necessary to achieve diversity.
Stossel: End Racial Preferences at Colleges?
Asians sue Harvard for discrimination in a case that may end college racial preferences.
Has Anti-Racism Become as Harmful as Racism? John McWhorter vs. Nikhil Singh
Watch the Oxford-style debate hosted by the Soho Forum.
Michelle Obama Felt 'the Shadow of Affirmative Action' as Princeton Undergrad
Her experience is a good example of why affirmative action policies are a bad idea.
Harvard's Recruitment Efforts Prioritized White Students Over High-Achieving Asians
What worked to limit Jewish enrollment 100 years ago has also worked to limit Asian enrollment.
Jeff Sessions Backs Asian Americans' Discrimination Lawsuit Against Harvard
"Evidence indicates that a driving factor in Harvard's admissions process... may be infected with racial bias against Asian Americans."