n was forthcoming from the Supreme Court.When will the Supreme Court hear a case that will make it clear whether race can really be used as a factor in admissions for the purpose of achieving diversity? This is a question that is asked all the time. There are no answers to this question but there are plenty of pending cases that could be the eventual vehicle for the clarification that administrators seek.Important Pending CasesUniversity of Michigan and University of Washington: Actions have been brought against both institutions for their admissions practices based on reverse discrimination arguments. The unique nature of these cases is the argument by plaintiffs' counsel that the administrators should be held personally liable for violating the civil rights of the plaintiffs. While this threat should not be a major concern, discussion with your own Counsel would be highly recommended. In general, administrators, at least in most of the country, should expect to be immune from liability because reliance on the Bakke decision is clearly reasonable. As to the status of these cases, both are very early in the litigation process so no major developments have occurred.Some Good News for Proponents of Affirmative ActionIn a case that has not received much attention, the state Supreme Court of Nevada in University and Community College System of Nevada v. Farmer held that it was permissible for the University of Nevada at Reno to hire an African-American faculty member over a white individual in order to promote diversity. The Court cited Bakke as precedent for their decision. The case was appealed to the U.S. Supreme Court but they refused to review the case on March 9, 1998. Once again, the confusion still exists.Some Good News for Opponents of Affirmative ActionAfter facing many legal challenges, Proposition 209, a referendum passed by 54% of the California voters in the 1996 election is now being enforced. This amendment to the state cons...
