Affirmative Action and Academic Freedom: Why the Supreme Court Should Continue Deferring to Faculty Judgments about the Value of Educational Diversity

Indiana Journal of Law and Social Equality, Vol 1, p. 50 (2013)

11 Pages Posted: 13 Sep 2012 Last revised: 5 Apr 2018

Steve Sanders

Indiana University Maurer School of Law

Date Written: September 12, 2012

Abstract

This term in Fisher v. University of Texas, the Supreme Court will revisit Grutter v. Bollinger as it decides the constitutionality of a race-conscious admissions program at UT’s flagship campus in Austin. Many commentators have speculated that Grutter itself may be overruled. In a forthcoming essay in the new Indiana Journal of Law and Social Equality, I argue that overturning Grutter would have alarming legal consequences for public higher education. In doing so, the Court would be repudiating a long and important line of jurisprudence respecting the freedom of universities — acting upon the good faith educational judgments of their faculties — to determine for themselves how best to carry out their academic missions.

Keywords: Grutter v. Bollinger, academic freedom, affirmative action

Suggested Citation

Sanders, Steve, Affirmative Action and Academic Freedom: Why the Supreme Court Should Continue Deferring to Faculty Judgments about the Value of Educational Diversity (September 12, 2012). Indiana Journal of Law and Social Equality, Vol 1, p. 50 (2013). Available at SSRN: https://ssrn.com/abstract=2145705

Steve Sanders (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-1775 (Phone)

HOME PAGE: http://https://www.law.indiana.edu/about/people/bio.php?name=sanders-steve

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