Afternoon Briefs: DOJ drops suit over Yale admissions process; 7th Circuit allows courthouse Nativity scene
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DOJ drops suit accusing Yale of bias against Asian, white applicants
The U.S. Department of Justice on Wednesday dropped a lawsuit accusing Yale University of racially discriminating against many Asian and white applicants by considering race at multiple stages of its admissions process. The suit had been filed by the Trump administration in October. The DOJ cited legal developments as a factor in deciding to drop the suit, including a federal appeals decision upholding Harvard University’s use of race in admissions. Students for Fair Admissions, a nonprofit group and the plaintiff in the Harvard case, plans to file its own suit against Yale. (The New York Times, the Washington Post)
7th Circuit allows courthouse Nativity display
The 7th U.S. Circuit Court of Appeals at Chicago ruled Tuesday that a Nativity scene on a courthouse lawn in Jackson County, Indiana, does not violate the establishment clause. The panel majority said the display was constitutional under American Legion v. American Humanist Association, a 2019 U.S. Supreme Court decision that found that a Peace Cross memorial on public land did not violate the Constitution. (The Indiana Lawyer, the Religion Clause blog, the Becket Fund for Religious Liberty press release, the 7th Circuit Court decision)
NCBE announces remote bar option for July
A remote bar exam will be available for July 2021, the National Conference of Bar Examiners announced Tuesday. The organization had its first remote bar in October because of the COVID-19 pandemic. It did not offer a portable uniform bar exam score because it was shorter than the in-person test, and jurisdictions were responsible for scoring their own exams. In February and July, the NCBE will calculate scaled scores for the written parts of the test and provide score transfer services for the UBE and the multistate bar exam, according to a news release. (National Conference of Bar Examiners press release)
Biden signs executive orders on immigration
President Joe Biden on Tuesday signed executive orders that create a task force to reunite immigrant families separated at the border, call for a review of the “public charge” rule that curbs green cards for people on public benefits, and require a review of a policy that requires asylum-seekers to remain in Mexico while their cases are pending. (Law360, executive orders here, here and here)