Legal defense foundation Project on Fair Representation filed the suit in November 2014 on behalf of Students for Fair Admissions, an organization aimed at helping students who felt they were wrongfully denied from colleges and universities due to affirmative action practices.
UNC’s case was put on hold to await the June outcome of a similar case against the University of Texas at Austin.
The Supreme Court ruled against Abigail Fisher, a white woman who felt she was wrongfully denied from the University of Texas because of affirmative action admissions processes.
Since the Fisher case reached a ruling over the summer, the UNC case is back on track and in the process of discovery, or fact-finding, Students for Fair Admissions President Edward Blum said.
Blum, a longtime proponent of fair admissions processes, accused UNC’s admissions policies of violating students’ 14th Amendment right to equal protection under the law.
“We allege that that process of treating people differently by race — having their race help them in some instances and having their race harm them in some instances — is unnecessary, unfair and unconstitutional,” Blum said.
Fisher v. UT Precedence
Erwin Chemerinsky, dean of University of California, Irvine School of Law, said the Supreme Court’s decision marked affirmative action constitutional and it will remain that way unless the Fisher precedent is overturned — and he believes certain justices would have to retire from the court for that to happen.