In an unexpected and novel move, the team of lawyers that challenged the NCAA’s use of SAT scores as racially discriminatory have opted not to ask the U.S. Supreme Court to hear their appeal, but instead have reinvented the theory of their case to cure the defects cited by the 3rd U.S. Circuit Court of Appeals.

Instead of pressing the case as a “disparate impact” claim, the plaintiffs’ attorneys in Cureton v. National Collegiate Athletic Association have filed an amended complaint that now alleges “purposeful discrimination.”

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