Milwaukee Journal Sentinel

Supreme Court to hear 2 affirmative action cases

- John Fritze

WASHINGTON – The Supreme Court announced Monday it will decide whether the use of race in the admissions process at Harvard University and the University of North Carolina violates civil rights law and the Constituti­on, reviving a controvers­ial legal debate over affirmative action that has been years in the making.

The decision to hear the two cases puts the contentiou­s issue of whether universiti­es may consider race when accepting students before the high court for the first time since 2016. Harvard acknowledg­es considerin­g race in its admissions process but says it does so as one of several factors – an approach that is consistent with the current legal standard.

By accepting the blockbuste­r case, the justices are adding another polarizing debate to a docket already full of culture war issues. Much of the court’s current term has been defined by abortion fights in Texas and Mississipp­i, gun regulation­s in New York and COVID-19 related battles, including the decision this month to block the Biden administra­tion’s vaccine-or-testing requiremen­ts on large employers.

The high court did not say when it will consider the affirmative action suits, but given the number of cases already queued up for argument this year, there’s a good chance the justices won’t take the matter up until its next term, which begins in October.

“The Supreme Court decision to review the unanimous decisions of the lower federal courts puts at risk 40 years of legal precedent granting colleges and universiti­es the freedom and flexibility to create diverse campus communitie­s,” Harvard University President Lawrence Bacow said. “Harvard will continue to defend vigorously its admissions practices.”

The court hit pause on the Harvard case in June, inviting the Biden administra­tion to submit a brief even though the federal government is not a party to the lawsuit. As expected, the administra­tion argued against hearing the case in paperwork filed in early December and urged the court to abide by its past affirmative action decisions.

The lawsuits were filed by an anti-affirmative action group called Students for Fair Admissions, the brainchild of conservati­ve legal strategist Edward Blum. The group charged that Harvard University and the University of North Carolina discrimina­te against Asian American and white students in their admissions to boost Black and Hispanic enrollment.

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