Next on the Chopping Block: The Litigation Campaign against Race-Conscious Policies Beyond Affirmative Action in University Admissions

Boston University Public Interest Journal (forthcoming)

62 Pages Posted: 16 May 2023 Last revised: 17 Sep 2023

See all articles by Nino Monea

Nino Monea

United States Army, Judge Advocate General's Corps; West Point, Department of Law

Date Written: September 10, 2023

Abstract

The Supreme Court recently ended affirmative action in university admissions. But the decision could have far-reaching implications for all types of race-conscious policies across the country. This Article examines those best poised to take advantage of the anticipated Supreme Court ruling: the vast collection of conservative and libertarian impact litigation firms challenging the use of race in any context. Sixty-four ongoing and recent lawsuits across the country are analyzed to both understand how these suits are pled and defended against, and presage what types of policies will come under assault in the coming months and years.

Keywords: Affirmative action, Students for Fair Admissions v. University of North Carolina, SFFA v. UNC, Students for Fair Admissions v. Harvard University, SFFA v. Harvard, Supreme Court, Fourteenth Amendment, 14th Amendment, Equal Protection Clause, EPC, Judicial Watch,

Suggested Citation

Monea, Nino, Next on the Chopping Block: The Litigation Campaign against Race-Conscious Policies Beyond Affirmative Action in University Admissions (September 10, 2023). Boston University Public Interest Journal (forthcoming), Available at SSRN: https://ssrn.com/abstract=4440549 or http://dx.doi.org/10.2139/ssrn.4440549

Nino Monea (Contact Author)

United States Army, Judge Advocate General's Corps ( email )

West Point, Department of Law ( email )

West Point, NY
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
181
Abstract Views
389
Rank
307,590
PlumX Metrics