Andrew Chung, Lawrence Hurley

(Reuters) – Monday’s U.S. Supreme Court hearing was for a request to ban Harvard University and North Carolina from considering race when admitting undergraduate students. This case threatens affirmative actions policies that are widely employed to increase Black and Hispanic student numbers on American campuses.

Students for Fair Admissions (founded by Edward Blum), appealed lower court rulings which upheld programs that were used at two highly regarded universities in order to support a diverse student body. With its 6-3 conservative majority the courts have a chance at ending these policies.

They were charged with discriminating against applicants based on race, violating federal law and the U.S. Constitution. Blum’s organization alleged in Harvard that school discriminated towards Asian American applicants. Blum’s team argued that UNC’s policies discriminated against Asian American and white applicants.

According to universities, race does not play a role in admissions decisions. This is despite the fact that they do use it as a factor in many individualized assessments for admission without quotas.

A 6-3 majority of the Supreme Court’s conservative justices is represented. U.S. conservatives have long been opposed to affirmative action programs, such as those that allow students admissions or hiring in order to rectify past discrimination against minorities.

The use of affirmative action has withstood Supreme Court scrutiny for decades, including in a 2016 ruling https://www.reuters.com/article/usa-court-affirmativeaction-idINKCN0ZA08C involving a white student backed by Blum, who challenged a University of Texas policy, though the justices have narrowed its application. This new challenge will likely result in college affirmative-action programs being diluted or eliminated.

Blum’s groups sued Harvard in 2014. They accused Harvard of violating Title VI of Civil Rights Act of 64. Title VI prohibits discrimination based upon race, color, national origin, and is applicable to any activity or program that receives federal financial aid. Harvard University is located in Cambridge in Massachusetts. It was founded 1636. The federal government provides funding.

UNC was also sued by the group in 2014. They accused UNC of using race as a main factor in admissions, in violation the U.S Constitution’s 14th Amendment guarantee that equal protection is given to all. The flagship North Carolina public university, UNC is located in Chapel Hill. It was chartered in 1789.

In 1978, the Supreme Court made the first affirmative action case in favor of college admissions. It was in the landmark Regents of the University of California.

Blum’s group requested the Supreme Court to reverse a 2003 Supreme Court decision in Grutter v. Bollinger, involving the University of Michigan Law School. This case involved the University of Michigan Law School. It held that colleges can consider race in admissions because of the imperative interest in creating diverse students.

Sandra Day O’Connor of the Supreme Court wrote in her ruling that “the use racial preference will not longer be necessary” for 2028.

According to a court filing, President Joe Biden’s Administration has said that Harvard was supported by him and not be heard. According to court precedents, the benefits of diversity in education justifies race-conscious actions.

Donald Trump, the Republican predecessor to Biden, had previously backed Blum’s lawsuit against Harvard.

Students for Fair Admissions claimed Harvard policies made Asian Americans less likely to receive admission than applicants from other races, such as Blacks and Hispanics with similar qualifications. In court papers, Harvard stated that it “automatically gives racial preference to African-Americans or Hispanics.” Harvard stated that challengers misrepresented Harvard’s policies.

After ruling 5-4 in favor of University of Texas in 2016, the Supreme Court’s conservative majority has increased. In 2016 Justice Anthony Kennedy, a conservative now retired justice joined four liberal justices. Trump’s former Republican President Donald Trump appointed three new justices to the Supreme Court, which pushed it rightward.

John Roberts is Chief Justice. The court was hostile to past attempts to end racial disparities. In 2013 it struck down https://www.reuters.com/article/us-usa-court-voting/supreme-court-guts-key-part-of-landmark-voting-rights-act-idUSBRE95O0TU20130625 a key part of the Voting Rights Act, enacted in 1965 to ensure that minorities could vote. In 2020, the court weakened https://www.reuters.com/world/us/voting-rights-breyers-future-spotlight-us-supreme-court-2021-07-01 another key part of that law.

It is anticipated that the case will be heard during 2022 court term which ends in June 2023.