Scotus affirmative action case7/29/2023 When it comes to affirmative action, Harvard's program has long been a constitutional model cited by the court in dealing with programs at other schools. ![]() And they now have been joined by three Trump-appointed conservatives. But all of those justices have retired or died, and three of the justices who voted against affirmative action in 2016 - Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito - are still on the court. In each, the court's controlling opinion was authored by a traditionally conservative justice. Starting in 1978, the Supreme Court has upheld the constitutionality of affirmative action programs three times. The suits claimed that Harvard and UNC impermissibly used race in their admissions processes and discriminated against Asian Americans. It will also reexamine 43 years of precedent by asking whether race can ever play a role in admissions.īoth cases were filed on the same day, back in 2014, by the conservative activist group Students for Fair Admissions. The court will consider more than just the details of how Harvard and UNC operate their affirmative action programs. Arguments in the two cases will likely be heard in the court's new term, which begins in October. With the court already having heard arguments this term on abortion and guns, the affirmative action cases mark yet another politically charged issue that threatens to uproot decades of legal doctrine. The Supreme Court said Monday it will revisit the question of affirmative action in higher education, deciding to hear cases challenging the use of race as one factor in admissions at Harvard University and the University of North Carolina. ![]() The Supreme Court will hear arguments in the fall over the constitutionality of Harvard University's affirmative action program.
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