Tuesday, November 3, 2015

The Scholars' Brief in Fisher

In a post on Balkinization, David Gans discusses the scholars’ brief in Fisher v. University of Texas, which “Urges [a] New Look at Text and History of the Fourteenth Amendment.”
Our brief, filed on behalf of [the Constitutional Accountability Center] and six of the nation’s most prominent constitutional scholars—Bruce Ackerman, Jack Balkin, Burt Neuborne, James Ryan, Eric Schnapper, and Adam Winkler—demonstrates that the text and history of the Fourteenth Amendment permit the government to take race into account in certain circumstances in order to ensure equality of opportunity for all persons regardless of race.