RACE DISCRIMINATION IN FINANCIAL AID:  For a long time, many colleges and universities have been assuming they could get away with discriminating on the basis of race in allocating financial aid.  SFFA v. Harvard has drawn that into question.  It’s is hard to imagine the Supreme Court would prohibit race discrimination in admissions, but allow it in financial aid.

You should expect to see a new generation of financial aid driven lawsuits (like this one against the University of Oklahoma) in the near future.  Unlike previous lawsuits, these new class actions will likely involve big money in damages.

The University of Oklahoma case is special.  If the allegations against it are true, it won’t even have the excuse that it believed what it was doing was legal.  Oklahoma has a state constitutional provision modeled after Prop 209.  This could cost the university an extraordinary amount of money.

If other colleges and universities haven’t fallen into line yet, they’d best do so right away.  If they wait to be sued, the damages just keep growing.