Supreme Court revisits affirmative action in college admissions

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Supreme Court revisits affirmative action in college admissions
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The Supreme Court is revisiting affirmative action. And there's every likelihood that the conservative justices will overrule some — or all — of those precedents.

The justices of the U.S. Supreme Court will hear arguments on the use of race in college admissions.Eric Lee/Bloomberg via Getty ImagesEric Lee/Bloomberg via Getty Images

But today Harvard's admission system, cited as a model by Powell, is itself under the judicial microscope, along with the system at the University of North Carolina. UNC, which until the 1950s refused to accept any black applicants, is now widely rated as one of the top three state colleges in the South, though like many other top universities, it struggles to have a genuinely diverse student population.

This holistic approach to college admissions is used by a huge variety of colleges, large and small, including the U.S. military academies. Among the many academic institutions that have filed briefs supporting affirmative action are 57 Catholic colleges and universities, including Notre Dame, Georgetown, and Holy Cross.

Indeed, Harvard and UNC point to colorblind language that was originally proposed for the Fourteenth Amendment, and rejected by Congress. And they note that the same Congress that passed the Fourteenth Amendment after the Civil War also adopted race-conscious laws giving special benefits to African Americans in areas from education to land distribution.

The Harvard case will be the second one argued Monday, with one justice missing. Justice Jackson has recused herself because she sat on the Harvard Board of Overseers during part of this litigation. She is hardly the only justice with Harvard connections. Four of the justices — including Jackson and the chief justice, attended Harvard college or law school, or both. Justice Brett Kavanaugh taught there, as did Justice Elena Kagan, who in addition served as dean of the law school for six years.

"Nothing like that has happened" with Asian Americans at Harvard, he says. In fact, Asian American enrollments"have consistently risen" — risen so much that the 28% of the entering class at Harvard this year self-identifies as Asian American, while the country's overall Asian population is 7.2%.

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