Monday, August 13, 2012
Joined by ConLawProfs Bruce Ackerman, Vikram Amar, Jack Balkin, Burt Nueborne, James Ryan, and Adam Winkler, the Constitutional Accountability Center has filed an amicus brief in Fisher v. University of Texas, the "reverse discimination" case set for oral argument in the United States Supreme Court on October 10.
Dissenting from the denial of en banc review in the Fifth Circuit, Judge Edith Jones highlighted the panel decision's deviations from Grutter v. Bollinger. The Constitutional Accountability Center brief argues that UT's policy is constitutional under Grutter, but also makes the wider claim that the "text and history" of the Fourteenth Amendment allows governments to "enact race-conscious measures to ensure equality of opportunity."
ConLawProfs finalizing their syllabi for the semester might consider integrating the amicus brief, other briefs, or one of the scholarly discussions from Vanderbilt Law Review En Banc for the Equal Protection discussion.