Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
4-16-2024
Document Type
Article
Citation
Nebraska Law Bulletin (April 16, 2024)
https://lawreview.unl.edu/protecting-blind-side-title-vii-blitz-textualism
Abstract
Just like the outcome of Brian Flores’ lawsuit against the National Football League, the existence of private affirmative action is uncertain. A case could be brought, or it might not. Even if a case is brought, the Supreme Court may not even take it up. But that does not mean we should stand idly by. By analyzing the past and by tracing judicial trends in statutory interpretation, we can see a potential blitz coming. Instead of hoping the blitz never comes, we need to proactively adjust the protection in order to not be blindsided by a potential challenge to Weber and private affirmative action plans like the Rooney Rule.
Comments
Copyright 2024, Sean Harrison. Used by permission