Michael Dorf, a constitutional law expert, former law clerk for Supreme Court Justice Anthony Kennedy and professor of law at Cornell University, comments on Wednesday’s scheduled oral arguments before the U.S. Supreme in Court Fisher v. University of Texas. The case will determine the constitutionality of colleges and universities using race as a consideration for determining the structure of incoming undergraduate classes.
NOTE: Dorf is co-author of an amicus curiae brief on behalf of the Association of American Law Schools in the Fisher case, urging the court to reject the challenge to the University of Texas program.
“The Fisher case poses a small risk that the Supreme Court's conservative majority will completely forbid the consideration of race in admission to higher education.
“The greater risk is that five Justices will profess adherence to the Court's landmark 2003 decision upholding affirmative action in the University of Michigan Law School case, even while interpreting that ruling so narrowly as to effectively foreclose it.”--Michael Dorf, a constitutional law expert, former law clerk for Supreme Court Justice Anthony Kennedy and professor of law at Cornell University
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