Brief in Support of Affirmative Action

O’Melveny filed an amicus brief in the Supreme Court on behalf of a coalition of eight leading public research universities in Fisher v. University of Texas in support of the University of Texas’s use of race in its admissions program. In the brief, O’Melveny argued that, in crafting their admissions policies and programs, public research universities like amici had relied on the equal protection framework established by the Court in prior cases dealing with affirmative action, and that a departure from that precedent would be unjustified, in part because a university’s judgment about which students will best further its mission is entitled to judicial deference. A decision by the Court is expected by summer 2106.