Professor Thomas Lee was quoted in a Bloomberg Law column, which discussed the Supreme Court’s impending decision on affirmative action cases.
Less sanguine about the prospect of maintaining affirmative action is Thomas Lee, a professor at Fordham Law School and former clerk for Justice David Souter: “I think the Supreme Court will overrule Grutter and hold that racial diversity is not a compelling interest to justify an admissions regime to a highly selective university that uses race as a significant positive factor, even in a ‘holistic’ process.”
But Lee added, “The line between impermissible race-based and permissible race-conscious processes will be very tough to draw.”
