General Discussion
In reply to the discussion: Black men only: UConn's proposed 'learning community' sparks controversy [View all]branford
(4,462 posts)the resumes of its proponents, or whether you "give a single fuck," is entirely irrelevant as a matter of law. These types of issues are some of actually dealt with in my legal practice here in NYC.
The real issue is how the university intends to implement the policy and who, if anyone, wants to challenge it. I would imagine that UConn, along with outside supporters of the housing option, will do everything possible to avoid court challenge, particularly given SCOTUS' ever increasing hostility to affirmative action programs. For instance, if a white, Asian or other non-black men who otherwise fit the housing criteria attempts to qualify, they will not be denied. Similarly, if a group of non-blacks with appropriate issues wants to live together, accommodations will also quietly be provided. UConn will face the greatest difficulty if a large enough group of activists with comparable needs but who aren't black challenge the program directly, UConn will likely be forced to revise the housing program and find ways of recruiting black students without actually using race, similar to how many state schools in California try to promote diversity without running afoul of their state constitutionally-mandated prohibition on racial considerations (and with mixed success).