Munger Tolles Files Amicus on Behalf of the University of California Supporting Race Conscious Admission and Diversity

Munger, Tolles & Olson represented the president and chancellors of the University of California, the largest higher education institution in the U.S., in an amicus brief before the U.S. Supreme Court opposing a challenge to the use of race as a factor in university admissions.

The amicus brief argues that the University of California’s experience in the aftermath of the enactment of Prop 209, which amended the California Constitution to prohibit race-conscious measures in college admissions, demonstrates that considering race in admissions remains necessary to enable universities to achieve the educational benefits of a diverse student body. The brief provides real-world evidence of the importance of Supreme Court precedents upholding the limited consideration of race in admissions.  

The cases before the Supreme Court were brought by the Student for Fair Admissions, a non-profit representing Asian American and Pacific Islander students and parents, who allege that the admissions programs of Harvard and the University of North Carolina, both of which consider race in a limited fashion, violate the Civil Rights Act of 1964 and the U.S. Constitution’s 14th Amendment. 

The MTO team representing the president and chancellors of the University of California included Hailyn Chen, Don Verrilli, Ginger Anders and Allison Day alongside the University of California, Office of the General Counsel.

Munger, Tolles & Olson frequently represents higher-education institutions in a variety of litigation and investigatory matters. MTO has guided educational institutions through issues ranging from constitutional claims concerning admission policies to privacy issues resulting from a security breach to False Claims Act cases and investigations. To learn more about the firm’s education practice, click here.