Prof. John Brittain spoke at the Society of American Law Teachers (SALT) Conference offering his predictions for the outcome of the affirmative action Supreme Court case, Fisher v. Texas, which will affect the use of race as a factor in law school admissions. Prof. Brittain acknowledged that the worst possible outcome would be for the Court to reverse the Michigan case and ban the use of race in admissions evaluations. The best scenario would be to stick with precedent. SCOTUS might also opt to make Texas choose between the two systems they currently employ: allowing for race considerations and admitting the top 10% of each high school class.
Professor Brittain also shared the new "messaging strategy” for those favoring using race as a factor in admission decisions. Here are the Ins and Outs: