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Those lawsuits accuse all three of violating Section 1981 of the 1866 Civil Rights Act, a law enacted after the Civil War that guarantees all people the same right to make and enforce contracts "as is enjoyed by white citizens." "All of our nation's civil rights laws - including the 1866 Civil Rights Act - enshrine the command that someone's race and ethnicity must never be used to help or harm them in public and private employment and contracting," Blum, who is white, told Reuters in an email. FREE SPEECH ARGUMENTFearless Fund has brought in prominent lawyers to defend it, including civil rights attorneys Ben Crump and Alphonso David, who during a news conference called Blum's use of the Civil War-era law "cynical." They argue that the rules for the grants are merely criteria for being eligible for a "discretionary gift" and do not create a "contract" subject to the civil rights law. Blum's group countered that Fearless Fund's argument would ironically undermine the very causes it favors by essentially invalidating Section 1981 and deeming racial discrimination protected by the First Amendment.
Persons: Edward Blum, Morrison, Foerster, Edward Blum's, Thomas, Fearless Fund's, Bill Clinton, Blum, Sarah Hinger, Hinger, Keshia Knight Pulliam, Arian Simone, Ayana Parsons, Blum's, Strivers, Ben Crump, Alphonso David, Nate Raymond, Alexia Garamfalvi, Will Dunham Organizations: Fair, Harvard University, Supreme, Edward Blum's American Alliance for Equal Rights, University of North, U.S, District, Democratic, Reuters, American Civil, Racial, Thomson Locations: Boston , Massachusetts, U.S, University of North Carolina, Atlanta, Black, Blum's Texas, Colorado, Boston
According to Harvard, around 40% of U.S. colleges and universities consider race in some fashion in admissions. The Supreme Court has been upheld such policies, most recently in a 2016 ruling involving a white woman who sued after the University of Texas rejected her. Ruling in favor of the plaintiffs could require the court to overturn its 2016 ruling and earlier decisions. 'DIVERSITY AND INCLUSION'The lawsuits accused UNC of discriminating against white and Asian American applicants and Harvard of discriminating against Asian American applicants. Circuit Court of Appeals found that Harvard's use of race was "meaningful" and not "impermissibly extensive" because it prevented diversity from plummeting.
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