The Supreme Court will hear oral arguments Monday in two cases centered on whether private or public colleges may consider race as a factor in college admissions. Here’s what you need to know.
, but the discussion is likely to go overtime because the justices have changed their oral argument procedure since returning to the courtroom. Justice Clarence Thomas, the court’s most senior member, gets the first opportunity to ask a question, followed by a freewheeling session of questions. After that, Chief Justice John G. Roberts Jr. gives each justice a turn to ask additional questions.
Defending the position of the universities is North Carolina’s solicitor general Ryan Y. Park and attorney David G. Hinojosa on behalf of UNC students. Harvard is represented by attorney Seth P. Waxman, a former solicitor general during the Clinton administration. The Biden administration is also backing the universities and is represented in both cases by Solicitor General Elizabeth B.
Since the 1970s, the Supreme Court has said that race may be used as one factor universities can consider in evaluating applicants for admission. Universities say there is a continuing need for affirmative action to build diverse student bodies, which they say strengthen the overall learning environment with distinct perspectives and experiences.Look for lawyers representing Harvard and UNC to characterize as “holistic” the process the universities use to review applicants.
Challengers want the court to overturn long-standing precedent and rule that considerations of race violate federal law and the Constitution., says the universities put too much weight on race and that the nation cannot remedy past discrimination with racial preferences, which he considers a different form of discrimination. In the Harvard case, Blum says the school’s policy discriminates against Asian Americans. UNC, the group said, discriminated against White and Asian American applicants.
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