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Professor Bernstein Cited In Students for Fair Admissions v. Harvard
The concurring opinion in Students for Fair Admissions v. President and Fellows of Harvard College cited both an amicus brief and law review article authored by Scalia Law Professor David Bernstein. In the opinion, Justice Gorsuch (joined by Justice Thomas), used Professor Bernstein’s law review article, “The Modern American Law of Race,” to explain the origins of the “how you identify yourself” boxes on the Common Application. Justice Gorsuch also cited Bernstein’s amicus brief several times, primarily in discussions of government racial classification systems.
Professor Bernstein is a University Professor of Law at Scalia Law where he also serves as Executive Director at the Liberty & Law Center. He teaches a range of courses at the law school, including Constitutional Law. Last July, Professor Bernstein published a highly-praised book, “Classified: The Untold Story of Racial Classification in America,” which explores the government’s efforts to create racial classifications.