Duston quoted in Law360 about affirmative action ruling
Rob Duston, a partner in the Higher Education Practice, is quoted in this article about the legal community’s reaction to the U.S. Supreme Court decision on the constitutionality of the race-conscious admission process at the University of Texas at Austin.
“The impact will be substantial,” Duston predicts. “The court narrowly interpreted ‘diversity’ as a legitimate public interest in the limited context of admission, but reaffirmed that ‘diversity’ could not be defined by racial or ethnic percentage. The court broadly reaffirmed the application of [the] equal protection analysis developed in public contracting and other contexts outside higher education, which must be applied with no deference to the institution’s judgment. Schools essentially have the burden of proving that race-neutral alternatives will not achieve the desired objectives. Many public schools will fail this test. The implications for private universities could be more significant.”