As colleges and universities await the Supreme Court’s decision on the fate of affirmative action, many experts have speculated that a conservative majority of the judges will rule against the practice, but that litigation over the topic of race-based admissions will likely be far from over.
The nation’s highest court is reviewing two companion cases brought by Students for Fair Admissions against the University of North Carolina and Harvard. The plaintiffs argue admitting or rejecting students based on skin color is a violation of fundamental constitutional liberties.
While the lower courts upheld affirmative action, Students for Fair Admissions asked the nation’s highest court to reverse the decision and eliminate race as a determining factor for college admissions. The decision is expected to be handed down sometime this month.
“When ‘affirmative action’ means racial preferences, it violates the Constitution and civil rights laws,” Adam Kissel, visiting fellow at the Heritage Foundation Center for Education Policy, told The College Fix via email.