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
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 Tuesday released 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 Tuesday released 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...