Stephen Miller Sends Letter To 200 Law School Deans: I'll Sue If You Consider Race In Student Admissions, Faculty Hiring, Or Law Review Membership

Following up on yesterday's post, Legal Education's Reaction To The Supreme Court's Affirmative Action Decisions:  Mediate, Stephen Miller Sends Threatening Letter to 200 Law Schools Telling Them He’ll Sue If They Consider Race in Applications: You Are Hereby Warned:

Former advisor to President Donald Trump, Stephen Miller, announced Friday on social media that he has sent a letter to deans of 200 law schools around the country threatening to sue them if they bypass the Supreme Court’s ruling on affirmative action. ...

Miller, who currently acts as the President of America First Legal, announced he would bring the law schools to court if they try to “violate, bypass, circumvent, or subvert” the ruling.

America First Legal, America First Legal Sends Letters to 200 Law Schools Demanding the End of All Racial Preferences in Law School Admissions, Faculty Hiring, and Law Reviews:

Today, following the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, America First Legal (AFL) sent a demand letter to the deans of every law school in the United States, demanding that they cease discriminating based on race and sex in student admissions, faculty hiring, and law-review membership and article selection. ...

America First Legal’s letter demands that law schools immediately halt these discriminatory and unlawful practices. It further puts the deans of every law school on notice: if they do not stop, America First Legal will bring legal action against them.

America First Letter to John Manning (Dean, Harvard Law School) (June 30, 2023):

It is unlawful for Harvard University Law School to flout the Constitution and the unambiguous command of Title VI by admitting students with lower LSAT scores and academic credentials than those demanded of others based on their race, sex, or national origin. It is unlawful for your school to violate Title VI, Title VII, and Title IX in its faculty hiring by discriminating in favor of female and minority faculty candidates at the expense of others. It is unlawful for your school to allow their student-run journals to give discriminatory preferences to women and minorities in membership and article selection.

You must immediately announce the termination of all forms of race, national origin, and sex preferences in student admissions, faculty hiring, and law-review membership or article selection. And you must, before the start of the next academic school year, announce an official policy that prohibits all components of the law school from giving preferential treatment to anyone because of that individual’s race, national origin, or sex.

There are those within and outside your institutions who will tell you that you can develop an admissions scheme through pretext or proxy to achieve the same discriminatory outcome. Anyone telling you such a thing is coaching you to engage in illegal conduct in brazen violation of a Supreme Court ruling, lawbreaking in which you would be fully complicit and thus fully liable.

You are hereby warned.

America First Letter to Martin Brinkley (Dean, North Carolina) (June 30, 2023)

Update:

• The Hill, Stephen Miller Warns Law Schools of Lawsuits if They Ignore Supreme Court Affirmative Action Ruling
• Huffington Post, Stephen Miller Threatens Suit Against Schools Who Ignore SCOTUS Affirmative Action Decision
• Reuters, Conservative Legal Group Threatens to Sue Law Schools Over Racial Preferences