“It seems to me that what DOJ is contemplating is to use its authority to enforce Title VI—and to promulgate regulations thereunder—which would require concluding that the Civil Rights Act and accompanying regulations prohibit the kind of race-based affirmative action that the Supreme Court in Fisher II reaffirmed the Constitution permits,” said Stephen Vladeck of the University of Texas School of Law. “Needless to say, that’s going to provoke some pretty heated litigation.”
This story was updated with comment from the Justice Department.
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