AALS Hot Topic Program

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Session Type: AALS Hot Topic Programs

Session Capacity: N/A

Location: New York Hilton Midtown

Room: Beekman Parlor

Floor: Second Floor

The Supreme Court is going to revisit affirmative action this term in Fisher v. Texas. The argument will likely center around whether Texas explored race neutral alternatives seriously enough to satisfy the Court’s strict scrutiny standard
of review. This panel will discuss that question as well as 1) whether the Court should revisit its standard of review; 2) whether there are arguments that might convince either Justice Kennedy or Justice Roberts to move more to the center on this issue; and 3) and whether the very phrase “affirmative action” is misleading and inaccurate given what universities really want is a vibrant, diverse student body to better prepare all students for the multicultural world they will live and work in after graduation. The panel will also address the textual and originalist arguments implicated by the voluntary use of racial criteria by public universities to help build a diverse student body.