Affirmative Action

Fisher v. University of Texas at Austin et. al., 135 S. Ct. 2888 (2015)

The AAUP joined an amicus brief filed on October 30, 2015 in the Supreme Court in Fisher v. University of Texas at Austin, 135 S. Ct. 2888 (2015)(Fisher II) arguing that consideration of race in the admissions process is appropriateThis is the second time the Supreme Court has considered Fisher’s challenge to the use of race as a consideration in the University of Texas’s holistic admissions process and the fourth time the AAUP has joined an amicus brief in the case. This amicus brief advances the AAUP’s longstanding view that diversity among the student body is essential not only to students’ learning, experiences, and opportunities, but to the entire academic enterprise.

Schuette v. Coalition to Defend Affirmative Action, 134 S. Ct. 1623 (2014)

In this case the U.S. Supreme Court overturned a lower court ruling that had found unconstitutional provisions of an amendment to the Michigan Constitution banning affirmative action affecting Michigan's public higher education institutions.  The Court noted that the question was ". . . not the permissibility of race-conscious admissions policies under the Constitution but whether, and in what manner, voters in the States may choose to prohibit the consideration of racial preferences in governmental decisions, in particular with respect to school admissions." The Court held that because there was no specific injury, voters had the right to determine whether race-based preferences should be permitted by state entities and therefore the amendment banning affirmative action was constitutional. The Court made clear, however, that this ruling does not change the principle outlined in Fisher v. University of Texas that, "the consideration of race in admissions is permissible, provided that certain conditions are met."

Parents Involved in Community Schools v. Seattle School District No. 1 and Meredith v. Jefferson County Bd. Of Education, 551 U.S. 701 (2007)

These two cases, being decided jointly, address the issue of whether local school districts can make decisions based on race as a method of ensuring racial diversity, and avoiding segregation, in public schools.

Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005)

Roderick Jackson, a high school basketball coach sued the board of education alleging that it retaliated against him in violation of Title IX, after he complained about sex discrimination in the high school's athletic program.   The issue before the Court is whether Title IX of the Education Amendments, which prohibits discrimination in federally assisted education programs and activities, provides for a retaliation cause of action.

Smith v. University of Washington Law School, 392 F.3d 367 (9th Cir. 2004)

A white female student sued the University of Washington, claiming she was denied entry to the University of Washington Law School while less qualified minority applicants were admitted over her.

Gratz v. Bollinger, 539 U.S. 244 (2003) and; Grutter v. Bollinger, 539 U.S. 306 (2003)

In these  two seminal cases, white students brought class-action challenges to affirmative action policies and practices in the admissions processes of the undergraduate and law schools of the University of Michigan.

Johnson v. Board of Regents of the University System of Georgia, 106 F. Supp. 2d 1362 (S.D. Ga. 2000)

Three rejected white female applicants for admission to the University of Georgia sued the state seeking admission and damages based on violations of the Civil Rights Act.