and Law360 were among the national media outlets that sought out
McGuireWoods Chicago partner Sarah Wake for analysis of two of the mostly closely watched cases of the U.S. Supreme
Court’s current term.
The high court is considering whether the use of race in college admissions
decisions is unconstitutional or violates federal anti-discrimination law.
Wake, a litigator who represents employers and institutions of higher
education, told Roll Call in an
Oct. 28, 2022, story that the cases hinge on whether the justices find that colleges and
universities have a “compelling interest” in creating a diverse student
body that justifies the limited use of race in admissions, and whether
colleges’ policies satisfy that test.
Wake told Roll Call it’s possible the justices will write an
opinion broadly enough to “have a carryover in the employment context, in
terms of how willing employers are to consider race in the application and
Oct. 31, 2022, story in Law360 summarizing that day’s oral arguments, Wake said that the justices’
conversation around an “end date” for the use of race in college admissions
was the most interesting aspect of the nearly five-hour arguments, noting
that it could have a way of moderating any ruling against the universities.
“This line of questioning suggests to me that some of the justices may be
willing to hold there is still a compelling interest in assembling a
diverse student body,” and that the schools considered race in admissions
was appropriately narrowly tailored, Wake told Law360. “But this
practice should have some end point.”