Law and the Courts

The Issue

​​​​​​​​​​​​​​​​​​​​​​​​​ACE’s leadership in judicial advocacy over the years has focused on organizing and preparing more than 200 amicus briefs in cases of broad or significant sector importance in the U.S. Supreme Court and elsewhere across the country, typically submitted on behalf of numerous higher education associations. ACE monitors a wide range of legal issues and developments that impact colleges and universities, sustains close relationships with campus counsel and the National Association of College and University Attorneys, and submits comments to federal agencies regarding proposed regulations. We periodically prepare issue briefs (white papers) addressing current legal issues of concern to our members, and we regularly serve as a media resource and commentator on legal issues that impact colleges and universities.

Our Work
How Colleges Can (and Can’t) Support 2020 Campaign-Related Activities on Campus and Help Students Vote
How Colleges Can (and Can’t) Support 2020 Campaign-Related Activities on Campus and Help Students Vote
With the 2020 election on the horizon, student voting and political campaign activities on campus will be different this year—perhaps significantly.
Amicus Brief to Delay Effective Date of Title IX Regulations
Amicus Brief to Delay Effective Date of Title IX Regulations
Brief submitted to the U.S. District Court for the District of Massachusetts in support of the motion to delay the Aug. 14, 2020, effective date of the Department of Education's new regulations on Title IX filed by the Victim Rights Law Center.
ACE, Higher Education Groups File Brief in Support of Challenge to ICE Directive on International Students
ACE, Higher Education Groups File Brief in Support of Challenge to ICE Directive on International Students
ACE and 70 other higher education associations filed a brief supporting a legal challenge to the Trump administration’s new directive that prohibits international students from remaining in the US if their colleges hold courses online-only this fall.
Amicus Brief: President and Fellows of Harvard College and MIT v. Department of Homeland Security, ICE, et al
Amicus Brief: President and Fellows of Harvard College and MIT v. Department of Homeland Security, ICE, et al
Amicus brief from ACE and 70 other higher education associations supporting the first of several legal challenges to the Trump administration’s new directive that prohibits international students from remaining in the U.S. if their colleges hold course...
Amicus Brief and Motion to Delay Effective Date of Title IX Regulations
Amicus Brief and Motion to Delay Effective Date of Title IX Regulations
Brief submitted to the District Court for the District of Columbia in support of the motion to delay the Aug. 14, 2020, effective date of the Department of Education's new regulations on Title IX filed by 18 state attorneys general.
Collaboration and Information-Sharing Among Colleges and Associations in the Coronavirus Era: Antitrust Awareness
Collaboration and Information-Sharing Among Colleges and Associations in the Coronavirus Era: Antitrust Awareness
This issue brief offers a primer about whether, when, and how antitrust considerations should factor into information-sharing and other collaborative activities during the coming months.
The Need for Liability Protections for Colleges and Universities During the Pandemic
The Need for Liability Protections for Colleges and Universities During the Pandemic
Letter to House and Senate leadership requesting Congress to quickly enact temporary and targeted liability protections for higher education institutions, affiliated nonprofits, and healthcare providers and facilities.
ACE, 40 Associations Support Harvard’s Diversity in Admissions Policy in Appeals Court Brief
ACE, 40 Associations Support Harvard’s Diversity in Admissions Policy in Appeals Court Brief
ACE and 40 other associations submitted an amicus brief yesterday in support of Harvard’s “holistic” admissions process and its consideration of race and ethnicity when reviewing applications for undergraduate admission.
Amicus Brief to U.S. Court of Appeals for the 1st Circuit: Students for Fair Admissions, Inc. v. Harvard
Amicus Brief to U.S. Court of Appeals for the 1st Circuit: Students for Fair Admissions, Inc. v. Harvard
Along with 40 other higher education associations, ACE submitted this amicus brief in support of Harvard in the challenge to the university's “holistic” admissions process.
Amicus Brief: Sacerdote et al v. New York University
Amicus Brief: Sacerdote et al v. New York University
ACE filed this brief in the U.S. Court of Appeals for the Second Circuit in Sacerdote et al v. New York University, the first case to go to trial among 20 lawsuits challenging the management of 403(b) retirement plans.
Supreme Court Hears Arguments on Legality of Trump Administration’s Move to End DACA
Supreme Court Hears Arguments on Legality of Trump Administration’s Move to End DACA
The Supreme Court heard oral arguments Nov. 12 on whether President Trump’s decision to rescind the Obama-era Deferred Action for Childhood Arrivals policy was done legally.
Federal Court Upholds Harvard's Race-Conscious Admissions Process
Federal Court Upholds Harvard's Race-Conscious Admissions Process
A federal judge hasreleased a long-anticipated decision in the Harvard University admissions case, ruling the institution does not discriminate against Asian-American applicants and reaffirming the importance of race-conscious admissions.
The Harvard Admissions Case: Reactions to the Judge's Ruling
The Harvard Admissions Case: Reactions to the Judge's Ruling
ACE Vice President and General Counsel Peter G. McDonough talks with four experts on diversity in admissions policy about the recent district court decision in Students for Fair Admissions, Inc. v. Harvard.
ACE, 43 Other Associations Submit Amicus Brief Urging U.S. Supreme Court to Uphold the Legality of DACA
ACE, 43 Other Associations Submit Amicus Brief Urging U.S. Supreme Court to Uphold the Legality of DACA
Background on an amicus brief ACE and 43 higher education associations submitted to the U.S. Supreme Court on the Deferred Action for Childhood Arrivals policy.
Federal Court Upholds Harvard's Race-Conscious Admissions Process
Federal Court Upholds Harvard's Race-Conscious Admissions Process
A federal judge hasreleased a long-anticipated decision in the Harvard University admissions case, ruling the institution does not discriminate against Asian-American applicants and reaffirming the importance of race-conscious admissions.
Amicus Brief to the U.S. Supreme Court on DACA Case
Amicus Brief to the U.S. Supreme Court on DACA Case
ACE and 43 other higher education associations submitted this amicus brief to the U.S. Supreme Court asking it to affirm lower court decisions keeping in place the Deferred Action for Childhood Arrivals policy the Trump administration rescinded in 2017.
Statement by ACE President Ted Mitchell on Harvard University Admissions Case Ruling
Statement by ACE President Ted Mitchell on Harvard University Admissions Case Ruling
Mitchell applauded the ruling, which occurs against a backdrop of continuing attacks on what remains the settled law of the land in this area.
Students for Fair Admissions, Inc. v. Harvard University
Students for Fair Admissions, Inc. v. Harvard University
Students for Fair Admissions, Inc. v. Harvard is a federal lawsuit filed in the U.S. District Court in Massachusetts challenging Harvard University's “holistic” admissions process and its consideration of race and ethnicity.
Supreme Court to Review DACA Policy Protecting Young Undocumented Immigrants
Supreme Court to Review DACA Policy Protecting Young Undocumented Immigrants
The Supreme Court will review the Trump administration's decision to end the Obama-era Deferred Action for Childhood Arrivals (DACA) policy in its October term.
Statement by ACE President Ted Mitchell on Supreme Court Decision to Take Up DACA
Statement by ACE President Ted Mitchell on Supreme Court Decision to Take Up DACA
The Supreme Court will hear three DACA cases this fall. However, there remains an urgent need for Congress to pass a long-term legislative solution for Dreamers.
Amicus Brief: Sweda v. University of Pennsylvania
Amicus Brief: Sweda v. University of Pennsylvania
Brief to the Third Circuit Court of Appeals in Sweda v. University of Pennsylvania, a case dealing with Penn’s 403(b) retirement plan.
Statement by ACE President Ted Mitchell on Ninth Circuit DACA Ruling
Statement by ACE President Ted Mitchell on Ninth Circuit DACA Ruling
ACE President Ted Mitchel released a statement Nov. 8 on the Ninth Circuit Court's decision keeping the Deferred Action for Childhood Arrivals (DACA) policy in force.
Amicus Brief: Mozilla Corporation v. Federal Communications Commission and United States of America
Amicus Brief: Mozilla Corporation v. Federal Communications Commission and United States of America
ACE filed an amicus brief Aug. 27 in support of the petitioner Mozilla Corporation in the case Mozilla Corporation v. Federal Communications Commission and United States of America on the issue of net neutrality.
Amicus Brief: Students for Fair Admissions, Inc., v. Harvard
Amicus Brief: Students for Fair Admissions, Inc., v. Harvard
ACE and 36 other higher education organizations submitted an amicus brief to the U.S. District Court in Boston in Students for Fair Admissions, Inc., v. Harvard.
ACE, Other Higher Education Groups Submit Brief Opposing Challenge to "Harvard Model" of Admissions
ACE, Other Higher Education Groups Submit Brief Opposing Challenge to "Harvard Model" of Admissions
ACE and 36 other higher education groups submitted an amicus brief today opposing the challenge to the “Harvard model” of holistic admissions review.
Supreme Court Upholds Trump Travel Ban
Supreme Court Upholds Trump Travel Ban
The U.S. Supreme Court has upheld President Trump’s travel ban in a 5-4 vote, ruling that the Sept. 24, 2017, proclamation is within the president’s constitutional authority.
Amicus Brief to the Supreme Court: Trump v. Hawaii
Amicus Brief to the Supreme Court: Trump v. Hawaii
Amicus brief submitted to the U.S. Supreme Court in the case examining President Trump's third travel ban, issued in September 2017 via Presidential Proclamation 9645, which places restrictions on entry to the United States from Iran, Libya, Syria, Yem...


​Student Voting and College Political Campaign-Related Activities in 2020

DOWNLOAD 200 KB PDF