This is pretty dramatic, and will no doubt lead to similar findings of violations by other schools, since all elite universities in the U.S. do exactly what Yale is doing (which is really discriminating in favor of African-Americans in a zero-sum game, i.e., admissions). The resulting litigation will eventually makes its way to the Supreme Court, where the "plain meaning" textualism that yielded a happy outcome with respect to sex discrimination against transgender people will yield an unhappy outcome here: affirmative action will be found to violate the civil rights law. As I've remarked before, I do expect all affirmative action programs in universities to be found unlawful (in the case of private universities) and unconstitutional (in the case of public universities) by this conservative Supreme Court. (By contrast, I am pretty confident this Court will not overrule Roe v. Wade, but will continue to approve practices that burden but do not wholly abrogate the right to choose abortion, which has been the Court's approach for the last thirty years basically.)
Totally agreed Colin.




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