2 ms·
There will be many lawsuits, especially if these can be litigated via 'section 1983', which appears to be applicable for state schools. [1] In these cases, atto
by gnicholas 3y ago
There will be many lawsuits, especially if these can be litigated via 'section 1983', which appears to be applicable for state schools. [1] In these cases, attorney's fees are granted for plaintiffs that prevail, which significantly incentivizes lawyers to take on cases that have a decent chance of winning.
A plaintiff doesn't have to be able to prove its case in its initial filing: if the initial complaint isn't thrown out (which a good lawyer could likely avoid), then the plaintiff gets to go through 'discovery', where it can compel the defendant to produce relevant documents and data. In the case of affirmative action, this would include potentially damning evidence like notes from admissions meetings (if the school is foolish enough to put illegal considerations in writing), as well as detailed statistical information regarding the makeup of the applicants and admitted students.
1: https://legal.thomsonreuters.com/blog/what-are-the-elements-of-a-section-1983-claim/ https://legal.thomsonreuters.com/blog/what-are-the-elements-...