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    Edwards Wildman's Daryl Lapp Weighs in on High Court's Affirmative Action Ruling in Law360

    News
    Daryl Lapp, co-chair of Edwards Wildman's Litigation Department, commented on how the US Supreme Court ruled that the University of Texas at Austin had failed to prove its race-conscious admissions process satisfied strict constitutional standards in Law360. In the article, "Attys React To High Court's Affirmative Action Ruling," Lapp said, "The Fisher decision is quite narrow. If there is anything new here, it is the clarification that a university is entitled to deference only as to the first prong of the strict scrutiny analysis (that a racially [or] ethnically diverse student body serves a compelling interest), and not the second prong (whether the means chosen to achieve that interest in fact are specifically and narrowly tailored to do so in a way that ensures each applicant is reviewed individually and that race [or] ethnicity is not the defining feature of an application). The fact that the court’s decision was 7-1 is a clear indication that this was not a controversial or groundbreaking decision.“

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