SCOTUS Hints at Decision To Do Away With Affirmative Action
(StraightNews.org) – In 1978, the US Supreme Court first ruled that universities could use race to guide their admissions decisions. In a similarly narrow 5-4 decision in 2003, SCOTUS affirmed its previous ruling that schools could use affirmative action to help balance out their student populations as far as diversity is concerned. However, after some recent oral arguments, many legal experts think the nation’s highest court may be ramping up to nix the idea altogether.
On Monday, October 31, lawyers from Harvard, the University of North Carolina (UNC), and the activist group Students for Fair Admissions (SFFA) argued for almost five hours about the questionable legality of affirmative action.
During the debate, the SFFA attorney said that Harvard was violating the Civil Rights Act of 1964 by using race to decide who should be allowed to attend the school. They argued that UNC was violating the 14th Amendment’s equal protection clause, as the school already has a proportional representation of all races, and thus should not need to use affirmative action.
Many justices seemed to be siding with the student group during the arguments. To throw out affirmative action, the justices would have to overrule the 2003 decision in Grutter v. Bollinger. Interestingly, at the time of that ruling, Justice Sandra Day O’Conner believed that over two decades later, such racial treatment wouldn’t be helpful anymore.
“We expect that 25 years from now, the use of racial preferences will no longer be necessary.”https://t.co/OpEAvnyxiw
— Daily Wire (@realDailyWire) November 3, 2022
While Americans will have to wait to see how the justices rule on these cases, which should happen next summer, it’s quite possible they could end affirmative action for good. This would force students to rely only on their smarts, personality, extracurriculars, and interviews to gain admission to schools from here on out.
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