![]() Historically, the court has upheld the use of race-based considerations in college admissions since the first affirmative action case in 1974, often citing the benefits of having a diverse student body. The cases will be the first opportunity the Trump appointees will have to review affirmative action. Chief Justice John Roberts, who has in recent decisions voted alongside the court’s liberal minority faction, has also spoken out against affirmative action in the past. However, the makeup of the court has changed dramatically since then, with three conservative justices appointed during Donald Trump’s presidency. In a 4-3 ruling, the court upheld affirmative action, with then justice Anthony Kennedy being the only conservative judge who ruled in favor of the policy. In that case, Blum argued that the university’s admission policies discriminated against Abigail Fisher, a white applicant. “Any ruling that calls into question the legality of race-conscious admissions would be a reversal of more than 40 years of Scotus decisions that have repeatedly and consistently confirmed the constitutionality and legality of race-conscious admissions in higher education,” Legal Defense Fund, a prominent civil rights law organization that fights for racial justice, said in a statement.īlum was behind Fisher v University of Texas, the last case on affirmative action that the supreme court considered in 2016. Harvard, a private institution, and the University of North Carolina, a state school, are the defendants for the two court cases. ![]() Both affirmative action cases have been brought by Students for Fair Admissions (SFFA), a non-profit led by the conservative activist Edward Blum, who has spent much of the last decade trying to end affirmative action in higher education.
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