Mitchell F. Crusto (Loyola University New Orleans College of Law) has posted Equality, Morality, & Religious Liberty (77 SMU L. REV. F. 219 (2024)) on SSRN. Here is the abstract:
On June 29, 2023, the Supreme Court ruled that the use of a specific race conscious "tool" in the admission decisions of public and private colleges to achieve diversity is unconstitutional. However, in his nuanced opinion, Chief Justice John Roberts seemed to renew the Court's commitment to the anti-discrimination vision of the Civil Rights Act of 1964 and its progeny. Furthermore, the Court's decision provided the possibility of an exception for its stated restriction, that is, for military service academies. Nonetheless, the Court’s ban on a race-conscious tool is expected to have a substantial, negative effect on the application and enrollment of students who are African-Americans, their pathways to graduate and professional schools, and their employment opportunities, resulting in what I coin as a Black brain drain.” In response to the decision, the U.S. Department of Education has reiterated the pro-diversity vision of the federal laws and has instructed schools on how to minimize the Court’s projected negative impact on the enrollment of racial minorities of color.
