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Wednesday, May 27, 2026

End to affirmative action leaves uncertainty in legal field - Missouri Lawyers Media

Substance and shadows coexist in the wake of the Supreme Court’s decision to outlaw affirmative action.

Yes, Chief Justice John Roberts was clear: Race no longer has a place in admissions decisions at institutions of higher learning.

Yet, diversity remains critical to many law schools and law firms. And the decision in Students for Fair Admissions v. Harvard cast a shadow of uncertainty over how to achieve that diversity without breaking the letter or the spirit of the law — which Roberts assured us is one and the same.

Should a Missouri institution be in doubt, Attorney General Andrew Bailey spelled it out even further.

“All Missouri programs that make admitting decisions by disfavoring individuals based on race — not just college admissions, but also scholarships, employment, law reviews, etc.— must immediately adopt race-blind standards,” he said in a letter to universities and municipalities.

Fortunately for Missouri law schools, the decision came at a time when they weren’t making many decisions on admissions. So, while Bailey demanded immediate action, there is time to review where current policies may no longer work and how new policies may encourage diversity without factoring in race.

Minimal impact

At Washington University School of Law — the state’s most selective — Dean Russell Osgood and his colleagues were crafting a new policy in mid-July while continuing to review what exactly that policy must live up to.

“We are still studying the opinion,” Osgood said. “...



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