Justices defer on Harvard race case
WASHINGTON – With abortion and guns already on the agenda, the conservative-dominated Supreme Court is considering adding a third blockbuster issue – whether to ban consideration of race in college admissions.
The justices on Monday put off a decision about whether they will hear an appeal claiming that Harvard discriminates against Asian American applicants, in a case that could have nationwide repercussions. The court asked the Justice Department to weigh in on the case, a process that typically takes several months.
The challenge to Harvard is led by Edward Blum and his Students for Fair Admissions.
Blum has worked for years to rid college admissions of racial considerations.
Also Monday, the Supreme Court said it would not take the case of Michael Miselis or Benjamin Daley, who participated in a white nationalist rally as members of the “Rise Above Movement,” in Virginia in 2017 . Both pleaded guilty to federal rioting charges in connection with the rally.
They challenged their convictions by arguing that the Anti-riot Act, a law they pleaded guilty to violating, is overbroad under the First Amendment’s free speech clause.
A federal appeals court had ruled against them.
The court also ruled unanimously that low-level crack cocaine offenders convicted more than a decade ago can’t take advantage of a 2018 federal law to seek reduced prison time.
The justices affirmed the nearly 16year prison term handed out to Tarahrick Terry of Florida, who was arrested with 3.9 grams of crack on him in 2008.
Terry’s case concerned the reach of the First Step Act, a bipartisan 2018 law signed by former President Donald Trump.
Aimed at reducing racial disparities in sentencing, the law allows prisoners convicted of older crack crimes to seek reduced sentences.
But the law specifically addresses crack possession only above 5 grams for one category of possession and above 50 grams for another category.