Brennen, On "Race-Based Affirmation by Tax-Exempt Orgs"

SFFA does not create Bob Jones public policy

My co-author David Brennen has done a lot of thinking about Bob Jones University over the years. Years ago, he wondered whether Bob Jones University would one day be turned on its head and used against efforts to remediate discrimination. So it’s very likely that he saw all this coming. Still, like me and others, he does not concede that Students for Fair Admissions creates “clearly defined,” “established,” “fundamental,” “settled,” “national” or “firm” public policy precluding tax exemption.