Grutter redo?

The Supreme Court has just annouced that it will hear two cases dealing with affirmative action in the K-12 context, much more later.

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1 Response

  1. Michelle, I just read the same article, and I think your title (“Grutter redo”) is apt.

    There has been a lingering circuit split on k-12 race-based preferences for a few years now. With O’Connor gone, it is easy to envision a ruling that strikes down their use. But I think it will be very difficult to separate such a ruling from Grutter; and I doubt the Justices will go out of their way to reaffirm Grutter. If it is not explicitly overruled, Grutter may be subject to an immediate legal challenge (as opposed to the contested “25 years” language in the original opinion).

    So I agree with Davidson Douglas, who is quoted in the article: “This is huge.”