LIEB BLOG

Legal Analysts

Wednesday, July 05, 2023

Scripps News: Legal Analyst Andrew Lieb Commenting on Supreme Court Rulings on Rejection of Affirmative Action & Religious Freedom

In a recent interview with Scripps News, Attorney Andrew Lieb weighed in on a significant legal case ruling which states that race can no longer be a factor in university admissions. Lieb highlighted the shift in the precedent, stating, "we were never allowed to have race be a quota system... And what we've learned now is under the equal protection clause that's in the Constitution, that would be discriminatory, you can't do that you can't make race a factor." This new interpretation of the equal protection clause is poised to transform the admission procedures in both public and private institutions across the United States. 


Lieb also discussed the dissenting opinion of Judge Ketanji Brown Jackson, who accused the majority of "let them eat cake" obliviousness. He pointed out the complexities of achieving a race-blind admission system, asking "how do you write an essay and make it race blind?" Furthermore, Lieb brought up the intriguing perspective by renowned author Malcolm Gladwell who posits that removing race as a factor might actually benefit the individuals who otherwise would not be admitted into certain institutions. 


The interview concluded with Lieb noting the societal pendulum swing on matters of race, suggesting that there may be a shift in attitudes towards admissions again in the future. He commented, "Grutter said maybe in 25 years, we'd be in a different climate. So I'll tell you today, maybe in 25 years, we'll be in yet another different climate." This notion acknowledges the fluidity and complexities of societal norms and their influence on the interpretation of the law.