Putting Affirmative Action to the Question

Source: Law & Liberty
by Kody W Cooper

“For a couple of generations now, the Supreme Court’s position on affirmative action has been that ‘race consciousness’ in university admissions is a constitutional means to achieve student body diversity. In two cases argued this term, SFFA v. UNC and SFFA v. Harvard, petitioners challenge the status quo, arguing affirmative action amounts to unconstitutional racial discrimination in violation of the 14th Amendment Equal Protection Clause and Title VI of the Civil Rights Act. Consequently, they call for overruling Grutter v. Bollinger, the 2003 case that upheld the practice. If the oral argument is any indication, the Court believes that the time has come to retire affirmative action in higher education. … Last week, the justices put affirmative action to the question along the lines of When? How much? What? Who? Which?” (11/10/22)