Cooley Law professor Brendan Beery joins statewide discussion on impact of Supreme Court's recent ruling on affirmative action

LANSING – On Oct. 27, Cooley Constitutional Law Professor Brendan Beery joined Kristina Bilowus, assistant director at MSU College of Law, and Delicia Taylor Coleman, president of the Black Women Lawyers Association of Michigan, as a panelist during Michigan Lawyers Weekly’s roundtable discussion Diversity Equity & Inclusion: The Future of Affirmative Action for Law Schools Beyond the Supreme Court’s Ruling.

Panelists discussed the potential impact of the recent Supreme Court decision striking down affirmative action and its potential impact and implications for law schools, firms, courts, and the legal profession as a whole. 

By a 6-3 vote, the Supreme Court ruled that admissions programs used by the University of North Carolina and Harvard College violated the Constitution’s equal protection clause, which bars racial discrimination by government entities.

“In upholding an affirmative action program at University of Michigan Law School [in 2003], The Court, per Justice O'Connor, planted what I call an ink bomb in the opinion, saying that hopefully, in 25 years, these programs won't be necessary anymore,” said Beery. “So, it seems Justice O'Connor thought it would take 25 years to solve a 400-year problem. This was an obvious invitation for the court to revisit the issue, and the Court just took up that invitation.” 

The discussion also included steps for creating more inclusivity within small and mid-size firms and a question-and-answer session regarding best practices for allowing individuals to bring their whole selves to work considering the changing landscape in the field of law.