Law and the Courts

The Issue

The American Council on Education’s (ACE) leadership in judicial advocacy over the years has focused on organizing and preparing over 200 amicus briefs in cases of broad or significant sector importance before the U.S. Supreme Court and elsewhere across the country. ACE’s amicus briefs are 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 counsels and the National Association of College and University Attorneys, and submits comments to federal agencies regarding proposed regulations. ACE periodically prepares issue briefs addressing current legal issues of concern for our members, and we regularly serve as a media resource and commentator on legal issues that impact colleges and universities.

Our Work
Preparing for a Potentially Tumultuous Fall on Campus: A Conversation with a Former President, General Counsel and Campus Police Chief Who Have Been There Before
July 31, 2024
Preparing for a Potentially Tumultuous Fall on Campus: A Conversation with a Former President, General Counsel and Campus Police Chief Who Have Been There Before
Ahead of a fall term that will wrap around a historical presidential election and the first anniversary of the October 7 massacres in Israel, ACE’s general counsel posed some top-of-mind questions to experts on how higher education can best prepare.
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The College Student Athletics Policy Landscape in 2024
July 16, 2024
The College Student Athletics Policy Landscape in 2024
This issue brief explores the legal landscape surrounding college athletics, examining both legislation and litigation impacting athletic departments and student-athletes.
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Student Voting and College Political Campaign-Related Activities in 2023
June 24, 2024
Student Voting and College Political Campaign-Related Activities in 2023
This guide is designed to educate college and university administrators, faculty, and staff about how to support student voting and what political campaign-related activities are allowed on campus.
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Amicus Brief to the U.S. Court of Appeals for the Eleventh Circuit: Zhang v. Emory University
February 22, 2024
Amicus Brief to the U.S. Court of Appeals for the Eleventh Circuit: Zhang v. Emory University
Amicus brief from ACE and 16 other higher educaiton associations in support of Emory University in a case that addresses whether institutions can be held liable for when a student dies by suicide when there's no clear indication of the possibility of s...
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Issue Brief: The SFFA v. Harvard and UNC Race in Admissions Cases
July 6, 2023
Issue Brief: The SFFA v. Harvard and UNC Race in Admissions Cases
A panel of higher education experts shares their insights on the challenges and implications that individual colleges and universities will face in the coming months after the Supreme Court ruling on race in admissions.
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Amicus Brief: Students for Fair Admissions, Inc. v. Harvard and v. University of North Carolina
August 1, 2022
Amicus Brief: Students for Fair Admissions, Inc. v. Harvard and v. University of North Carolina
ACE, along with 39 other higher education associations, submitted this amicus brief to the U.S. Supreme Court in support of the universities' race-conscious admissions protocols that are being challenged.
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Amicus Brief: To the 3rd Circuit Federal Court of Appeals in Johnson v. NCAA
June 7, 2022
Amicus Brief: To the 3rd Circuit Federal Court of Appeals in Johnson v. NCAA
Before the litigation continues in the district court, the third circuit appeals court has called for briefs to inform its decision on whether NCAA Division I student athletes can be employees of their colleges and universities under the FLSA.
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Amicus Brief in Support of Temple University in COVID-19 Tuition Refund Case
January 25, 2022
Amicus Brief in Support of Temple University in COVID-19 Tuition Refund Case
This case, on appeal to the U.S. Court of Appeals for the Third Circuit, is one of over 300 tuition refund class actions filed against colleges and universities based on a false narrative that the pivot to largely online operations in spring 2020 was a...
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Amicus Brief in Support of the University of Pittsburgh in COVID-19 Tuition Refund Case
December 22, 2021
Amicus Brief in Support of the University of Pittsburgh in COVID-19 Tuition Refund Case
This case, on appeal to the U.S. Court of Appeals for the Third Circuit, is one of over 300 tuition refund class actions filed against colleges and universities based on a false narrative that the pivot to largely online operations in spring 2020 was a...
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Amicus Brief in Support of American University in COVID-19 Tuition Refund Case
November 12, 2021
Amicus Brief in Support of American University in COVID-19 Tuition Refund Case
This case, on appeal to the DC Circuit Court, is one of over 300 tuition refund class actions filed against colleges and universities based on a false narrative that the pivot to largely online operations in spring 2020 was a financial windfall to inst...
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Amicus Brief to the U.S. Supreme Court in Support of Northwestern in Retirement Plan Case
October 28, 2021
Amicus Brief to the U.S. Supreme Court in Support of Northwestern in Retirement Plan Case
ACE's brief explains that retirement system for higher education has always looked different than the system for corporate America and that flexibility is needed to administer plans based upon the particular needs and preferences of participants.
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Amicus Brief in Support of Baylor University in COVID-19 Tuition Refund Case
September 17, 2021
Amicus Brief in Support of Baylor University in COVID-19 Tuition Refund Case
This case, on appeal to U.S. Court of Appeals for the Fifth Circuit, is one of over 300 tuition refund class actions filed against colleges and universities based on a false narrative that the pivot to largely online operations in spring 2020 was a fin...
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Amicus Brief in Support of George Washington University in COVID-19 Tuition Refund Case
September 2, 2021
Amicus Brief in Support of George Washington University in COVID-19 Tuition Refund Case
This case, on appeal to the DC Circuit Court, is one of over 300 tuition refund class actions filed against colleges and universities based on a false narrative that the pivot to largely online operations in spring 2020 was a financial windfall to inst...
Download
Amicus Brief in Support of New York University in COVID-19 Tuition Refund Case
August 27, 2021
Amicus Brief in Support of New York University in COVID-19 Tuition Refund Case
This case, on appeal to the U.S. Court of Appeals for the Second Circuit, is one of over 300 tuition refund class actions filed against colleges and universities based on a false narrative that the pivot to largely online operations in spring 2020 was ...
Download
Amicus Brief: NCAA v. Alston
February 8, 2021
Amicus Brief: NCAA v. Alston
ACE and 10 other associations submitted this amicus brief to the Supreme Court in support of the NCAA and 11 athletics conferences in NCAA v. Alston, a case that could alter the current model of intercollegiate athletics.
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Issue Brief: What Do the Rules on Lobbying Congress Signify for Colleges and Universities?
January 29, 2021
Issue Brief: What Do the Rules on Lobbying Congress Signify for Colleges and Universities?
As the COVID-19 pandemic continues, colleges and universities may be contacting federal government policymakers to discuss pandemic relief bills and other legislation. Learn more about federal lobbying disclosure laws in this updated issue brief.
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Letter to Congress in Support of the SAFE TO WORK Act
December 8, 2020
Letter to Congress in Support of the SAFE TO WORK Act
ACE and the higher education community urge congressional leaders to include the SAFE TO WORK Act in the next COVID-19 relief package to provide limited liability protections during the pandemic.
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Amicus Brief: Supporting Lawsuit in DC District Court Against Trump Administration's Proposed H1-B Rule
October 30, 2020
Amicus Brief: Supporting Lawsuit in DC District Court Against Trump Administration's Proposed H1-B Rule
ACE and 23 other associations filed this brief in the U.S. District Court for the District of Columbia supporting a lawsuit against the Department of Labor's proposed H1-B rule announced Oct. 8, 2020.
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Amicus Brief: Supporting Lawsuit in Northern California District Court Against Trump Administration's Proposed H1-B Rule
October 30, 2020
Amicus Brief: Supporting Lawsuit in Northern California District Court Against Trump Administration's Proposed H1-B Rule
ACE and 23 other associations filed this brief in the U.S. District Court for Northern District of California supporting a lawsuit against the departments of Labor and Homeland Security over the proposed H1-B rule announced Oct. 8, 2020.
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Letter in Support of Princeton in Department of Education's Anti-discrimination Investigation
September 30, 2020
Letter in Support of Princeton in Department of Education's Anti-discrimination Investigation
ACE and 53 other higher education associations sent this letter to Secretary Betsy DeVos to protest the Department of Education’s investigation of Princeton University for recognizing that racism remains a significant problem in U.S. higher education.
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Amicus Brief to Delay Effective Date of Title IX Regulations
July 31, 2020
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.
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​See all of our work on this topic
Latest News
dotEDU Live: Student Voting in 2024
October 7, 2024
1:00 p.m.–1:45 p.m. ET
dotEDU Live: Student Voting in 2024
New laws since 2020 may impact student voters, especially tighter restrictions on student ID usage. Join dotEDU Live to discuss these changes, the lame duck session, and what Congress accomplished before the election.
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Diversity in Transition: Adapting to Students for Fair Admissions v. Harvard
September 24, 2024
Diversity in Transition: Adapting to Students for Fair Admissions v. Harvard
Explore the impact on campus diversity a year after the SFFA v. Harvard ruling and innovative strategies for fostering inclusion. Learn from experts as we discuss the challenges and successes in this evolving landscape.
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ACE Issue Brief Explores How Campus Leaders Can Prepare for a Potentially Tumultuous Fall
August 5, 2024
ACE Issue Brief Explores How Campus Leaders Can Prepare for a Potentially Tumultuous Fall
As campus leaders prepare for students to return in the fall following the protests, encampments and arrests that occurred last term, ACE's Peter McDonough posed some questions to three experts on issues such as free speech and student safety.
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dotEDU Live: Navigating the Current Landscape of College Sports
June 13, 2024
dotEDU Live: Navigating the Current Landscape of College Sports
ACE General Counsel Peter McDonough joins the podcast to unpack the tumultuous developments in college sports over the past year and what is now an uncertain landscape for student-athletes.
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College Admissions in 2024: "A Year Like No Other"
April 8, 2024
College Admissions in 2024: "A Year Like No Other"
ACE President Ted Mitchell visits the podcast to discuss the intricacies of college admissions in 2024, incluiding the consequences of the redesigned FAFSA form, the Supreme Court ruling on race in admissions, legacy admissions, and standardized testing.
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ACE Leads Higher Ed Coalition in Amicus Brief Supporting Emory in Student Suicide Case
February 23, 2024
ACE Leads Higher Ed Coalition in Amicus Brief Supporting Emory in Student Suicide Case
ACE and 16 other higher education associations filed an amicus brief supporting Emory University in a case questioning whether colleges can be held liable for student suicides without prior knowledge of the student's intentions.
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dotEDU Live: The Year in Higher Education Policy
December 14, 2023
dotEDU Live: The Year in Higher Education Policy
The overarching theme is working through the chaos in Washington, and the lineup includes student loan forgiveness, the Supreme Court's decision on race in admissions, institutional accountability, the uptick in international students, and more.
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How Colleges Can Help Students Vote and What They Can (and Can’t) Do Regarding Campus Political Campaign-Related Activities
October 2, 2023
How Colleges Can Help Students Vote and What They Can (and Can’t) Do Regarding Campus Political Campaign-Related Activities
ACE has released an updated issue brief to help colleges and universities manage their obligations and other matters related to student voting and understand the rules of the road regarding campus political campaign activities.
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DACA Struck Down Again, but Protections Remain for Young Recipients
September 18, 2023
DACA Struck Down Again, but Protections Remain for Young Recipients
In a disappointing though widely expected move, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas has ruled that the DACA program is unlawful, rejecting an effort to bolster the policy from the Biden administration.
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Biden’s Loan Forgiveness Program Fails Supreme Court Test. What Now?
July 13, 2023
Biden’s Loan Forgiveness Program Fails Supreme Court Test. What Now?
Hosts Jon Fansmith and Sarah Spreitzer are once again joined by NASFAA president Justin Draeger to talk about financial aid in the wake of the Supreme Court's decisions striking down race-conscious admissions and student loan forgiveness.
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ACE Issue Brief Explores Implications of Supreme Court Race in Admissions Ruling
July 7, 2023
ACE Issue Brief Explores Implications of Supreme Court Race in Admissions Ruling
In the immediate aftermath of the Supreme Court’s race in admissions ruling, a panel of experts offers reflections in a new issue brief about the challenges and implications that colleges and universities and their students will face in the coming months.
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dotEDU Live: The Supreme Court’s Ruling on Race and Admissions
July 7, 2023
dotEDU Live: The Supreme Court’s Ruling on Race and Admissions
Madelyn Wessel and Peter McDonough join Mushtaq Gunja to offer initial thoughts about the ruling and potential implications while considering what all of this means for the future of diversity, access, and opportunity on campus and beyond.
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Students for Fair Admissions v. Harvard in the Lower Courts
Students for Fair Admissions v. Harvard in the Lower Courts
The U.S. Court of Appeals for the First Circuit in Boston ruled on Nov. 12, 2020, that Harvard does not discriminate against Asian-American applicants, reaffirming the importance of race-conscious admissions in helping construct diverse campuses.
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Statement by ACE President Ted Mitchell on the Supreme Court's Race in Admissions Ruling
June 29, 2023
Statement by ACE President Ted Mitchell on the Supreme Court's Race in Admissions Ruling
In a 6-3 ruling, the Supreme Court has tossed aside more than four decades of precedent that has allowed colleges and universities to pursue the critical interest of a diverse student body.
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Preparing for the Supreme Court’s Race in Admissions Ruling
April 21, 2023
Preparing for the Supreme Court’s Race in Admissions Ruling
As higher education institutions wait for the U.S. Supreme Court to release its decision on two race in admissions cases, ACE is sharing a transcript of the session held at ACE2023 that was aimed at helping campus leaders prepare for the cases’ outcome.
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Transcript: Contingency Planning and Prep for a Post–Supreme Court Decision Landscape
April 19, 2023
Transcript: Contingency Planning and Prep for a Post–Supreme Court Decision Landscape
Transcript to the ACE2023 session on preparing for the upcoming U.S. Supreme Court decisions on the use of race in college admissions.
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Joint Statement by ACE and the American College Health Association on Safeguarding Student Health and Well-being
March 29, 2023
Joint Statement by ACE and the American College Health Association on Safeguarding Student Health and Well-being
As leading higher education organizations, we support the efforts of our colleges and universities to provide a high-quality educational experience to all who attend.
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COVID State of Emergency Ends in May; Federal Pandemic Aid was Key to Supporting Students
February 6, 2023
COVID State of Emergency Ends in May; Federal Pandemic Aid was Key to Supporting Students
The Biden administration announced last week that it will end the COVID-19 national and public health emergencies on May 11.
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What the New Congress and Biden Administration Have in Store for Higher Ed in 2023
January 26, 2023
What the New Congress and Biden Administration Have in Store for Higher Ed in 2023
House Republicans have announced committee assignments and are already talking oversight hearings, and the debt ceiling debate begins. The hosts also discuss ED’s aggressive regulatory agenda for 2023.
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The Year in Higher Education Policy
December 21, 2022
The Year in Higher Education Policy
Hosts Jon Fansmith and Sarah Spreitzer are joined by ACE Senior Vice President Terry Hartle to discuss the federal policy developments in 2022 that impacted students and higher education institutions.
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ACE, Higher Ed Groups: Pass Legislation Now to Protect Dreamers
November 18, 2022
ACE, Higher Ed Groups: Pass Legislation Now to Protect Dreamers
ACE and over 60 other higher education associations sent a letter Nov. 17 to House and Senate leaders urging them to make protecting Dreamers and the DACA program a priority, given recent court decisions declaring DACA illegal.
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Our Staff
 
 

Student Voting and College Political Campaign-Related Activities in 2024

What is and isn't allowed on your campus?

download the issue brief (pdf)

Biden’s Loan Forgiveness Program Fails Supreme Court Test. What Now?

​Learn about how the Supreme Court's ruling overturning the Biden administration's student loan forgiveness plan affects campuses and students on ACE’s July 13, 2023 dotEDU podcast.


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The Supreme Court’s Ruling on Race and Admissions

​Learn more about the impact of the Supreme Court decision ending race-conscious admissions on ACE’s July 7, 2023 dotEDU podcast.

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