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Good morning. U.S. colleges and universities are bracing for the U.S. Supreme Court’s race-conscious admissions ruling, and reporter Gabriella Borter has insight into some of the measures schools are taking as they wait. Plus, abortion pill maker GenBioPro argued against West Virginia’s near-total abortion ban and Harlan Crow’s Gibson Dunn team pushes back on Senate Democrats.
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The U.S. Supreme Court is expected to rule soon on a pair of cases challenging race-conscious admissions policies at University of North Carolina and Harvard, potentially upending practices in education and beyond.
The justices’ ruling, expected by the end of June, could complicate efforts by many schools to enroll Black, Hispanic and other underrepresented minority students to diversify campuses. That scenario has spurred efforts at U.S. college campuses — many with overwhelmingly white student populations — to maintain or increase racial and ethnic diversity, senior administrators at a dozen schools told our colleague Gabriella Borter. Harvard has said about 40% of U.S. colleges and universities consider race in some fashion in admissions.
An official at Rice University in Houston said the school will lean on student essay responses to ensure it admits students from diverse backgrounds, while the U.S. Air Force Academy will focus on recruiting more students from diverse congressional districts. The president of Skidmore College in New York said connecting with high school counselors will become “more important than ever” to broaden the school’s applicant pool.
School officials who spoke with Borter said their plans could change to comply with the scope of the court’s reasoning in the Harvard and UNC cases. Still, whatever steps colleges take to circumvent a ban on race-conscious admissions policies might face legal challenges of their own.
Read more about what schools are doing now, ahead of the ruling.
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- Five lawyers are leaving Shearman & Sterling to join UK rival Ashurst as partners in London, Seoul and Singapore, two days after Shearman and Allen & Overy announced merger plans. Joining Ashurst’s energy and infrastructure practices are partners Sanja (Sonny) Udovicic, Julia Derrick, Anna Chung and Jean-Louis Neves Mandelli. Scott Baggett, who was a counsel at Sherman, is also joining Ashurst as a partner. (Reuters)
- Law firm Bradley Arant opened an Atlanta office with 20 lawyers from firms including Barnes & Thornburg, Akerman, Womble Bond, Balch & Bingham and Parker Hudson. The new hires include Wayne Hillis, a former managing partner at Parker Hudson, and Sidney Welch, founder of Akerman’s Atlanta office. (Bradley)
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Framing is everything when you are trying to persuade the U.S. Supreme Court to take — or sidestep — a case. Just look at the brief filed on Monday by the DOJ in response to a petition by a North Carolina charter school whose dress code, which requires girls to wear skirts or dresses, was deemed unconstitutional. The school and its allies have presented their case as a do-or-die proposition for the nationwide charter school movement, insisting that unless the Supreme Court reverses a 4th Circuit ruling against the school, educational innovation will be stymied and parents will ultimately lose the right to pick public schools offering alternatives to mainstream education. The Justice Department, writes Alison Frankel, begs to differ.
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“We do not believe the committee has the authority to investigate Mr. Crow’s personal friendship with Justice Clarence Thomas.”
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—Texas billionaire Harlan Crow’s lawyers at Gibson Dunn, who sent a letter to the Senate Judiciary Committee rejecting its request to detail gifts Crow or his companies have made to U.S. Supreme Court Justice Clarence Thomas. The letter argued that Congress does not have the constitutional power to impose ethics rules and standards on the high court, but committee chairman Sen. Dick Durbin said Crow can’t rely on a separation of powers defense when he has never worked at the Supreme Court himself. Meanwhile, Supreme Court Chief Justice John Roberts said on Tuesday that the court is considering steps to “adhere to the highest standards of conduct.”
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- Two sentencings related to the Jan. 6, 2021, attack on the U.S. Capitol are slated to begin in D.C. federal court. U.S. District Judge Amit Mehta is expected to hear victim impact statements in the prosecutions of Oath Keepers members, including founder Stewart Rhodes. The government is seeking a 25-year prison sentence for Rhodes for his conviction on seditious conspiracy and other charges. In another courtroom, U.S. District Judge Christopher Cooper is expected to sentence Richard “Bigo” Barnett, who was photographed with his feet up on then-House Speaker Nancy Pelosi’s desk during the Capitol attack. A jury convicted Barnett on eight counts, including theft of government property and obstructing an official proceeding, in January.
- The New York City Bar is holding its annual White Collar Crime Institute, which will feature a keynote speech from the assistant attorney general for the DOJ’s criminal division, Kenneth Polite Jr. Andrew Adams, the director of the DOJ’s Task Force KleptoCapture, which enforces U.S. sanctions against Russian oligarchs, is expected to attend, as is Jason Prince, the former chief counsel at the Office of Foreign Assets Control.
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Court calendars are subject to last-minute docket changes.
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- The FTC’s $27.8 billion antitrust suit against Amgen’s bid to buy Horizon Therapeutics could head to a key hearing in September, U.S. District Judge John Kness in Chicago said. Kness said he would likely take about four weeks after the hearing ends to issue a ruling. (Reuters)
- A divided 4th Circuit panel upheld an admissions policy aimed at diversifying the highly selective Virginia public school Thomas Jefferson High School for Science & Technology. Circuit Judges Robert King and Toby Heytens rejected arguments that it discriminated against Asian-American students. In a dissent, Circuit Judge Alison Rushing said the policy “shows an undisputed racial motivation and an undeniable racial result.” (Reuters)
- Bankrupt Purdue Pharma will sell its consumer health business to a subsidiary of Arcadia Consumer Healthcare for $397 million after receiving permission from U.S. Bankruptcy Judge Sean Lane. The judge allowed Purdue to begin liquidating its assets while it awaits a final ruling on a $10 billion settlement that would devote the company’s remaining resources to combating the opioid epidemic. (Reuters)
- Johnson & Johnson settled its lawsuit over Amgen’s proposed biosimilar version of J&J’s top-selling treatment Stelara for psoriasis and other autoimmune conditions. Amgen said the settlement terms were confidential but that the deal will allow Amgen to sell its biosimilar of Stelara no later than Jan. 1, 2025. (Reuters)
- The SEC said it obtained an order to shut down an alleged Ponzi-like scheme run by two individuals who raised nearly $62 million from investors for a sham cannabis business. The regulator said Rolf Max Hirschmann and Patrick Earl Williams promised investors returns as high as 36% on funds they said would go toward expanding facilities for Integrated National Resources, doing business as WeedGenics, in California and Nevada, but those facilities didn’t exist. (Reuters)
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- Sonia Salinas joined Hanson Bridgett as a partner in the firm’s labor and employment practice, based in L.A. Salinas was previously at Atkinson, Andelson, Loya, Ruud & Romo. (Hanson Bridgett)
- Norton Rose Fulbright has added projects attorney Nunzio Bicchieri as a partner in its Milan office. Bicchieri previously headed Allen & Overy’s project finance practice group in Italy. (Norton Rose)
- Freshfields added M&A partner Jon Bowden to its global transactions practice in Singapore. Bowden was most recently a partner at White & Case. (Freshfields)
- Crowell & Moring partner Michelle Linderman joined Brussels-based Van Bael & Bellis’ London office to lead its new international trade team in the city. She is joined by Ashurst’s former international trade head Ross Denton. (Van Bael)
>> More moves to share? Please drop us a note at LegalCareerTracker@thomsonreuters.com.
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