Document Type

Article

Abstract

After the U.S. Supreme Court decided the 2003 University of Michigan affirmative action cases, the law concerning the use of race-based affirmative action programs in the college admissions process seemed to be settled for the next few decades. However, in 2007, the Supreme Court once again revisited the use of race-based affirmative action, this time at the K–12 level, and subtly, yet significantly, altered how the law will treat challenges to affirmative action programs in higher education. The purpose of this Note is to examine the likely impact the holding of this 2007 U.S. Supreme Court case, Parents Involved in Community Schools v. Seattle School District No. 1, will have on both the current case law surrounding the use of race-based affirmative action policies in the college admissions process and the development and implementation of future institutional affirmative action policies. In addition, this Note explores the public policy effect resulting from restrictions on the freedom of institutions to create their own admissions policies.

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