Supreme Court puts off decision on reviewing Harvard race-conscious admissions system
By Robert Barnes
June 14, 2021 at 9:57 a.m. EDT
The Supreme Court on Monday put off a decision on reviewing whether Harvard’s consideration of race to build a diverse student body discriminates against Asian Americans, the latest attempt to convince the court to end affirmative action programs in college admissions.
The court asked the Biden administration’s acting solicitor general to weigh in on whether the court should take the case. The Trump administration had supported Harvard’s challengers in lower court, but it is likely the new administration will side with the university.
Soon after President Biden took office, the Department of Justice moved to drop a similar discrimination lawsuit filed against Yale, which was brought by the Trump administration.
The court’s request on the Harvard case means the justices likely would not consider it again until the fall. But it could mean only that acceptance of the case is delayed, and it could still be heard in the term that begins in October.
Appeals court upholds ruling that Harvard admissions process does not discriminate against Asian Americans
Although lower courts had ruled in favor of Harvard, the lawsuit was built to get the issue before a Supreme Court more conservative than the one five years ago that upheld the limited use of race in student admissions by the University of Texas.
In that case, the court ruled 4 to 3 that college and universities may use race only in a way narrowly tailed to promote diversity. But two justices in the majority — Anthony M. Kennedy and Ruth Bader Ginsburg — are no longer on the court. And three justices nominated by President Donald Trump have proved themselves to be more conservative.
The three dissenters in the Texas case remain in place — Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. While Roberts often plays a moderating role on the court and is reluctant to overturn the court’s precedents, he has been a steadfast opponent of affirmative action.
more:
http://www.washingtonpost.com/politics/courts_law/supreme-court-harvard-affirmative-action/2021/06/14/cfbecdd6-cd0d-11eb-8cd2-4e95230cfac2_story.html
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