Justices defer Harvard case on race in college admissions

claiming that Harvard discriminates against Asian American applicants, in a case that could have nationwide repercussions. The court asked the Justice Department to weigh in on the case, a process that typically takes several months.

Two members of that four-justice majority are gone from the court. Justice Ruth Bader Ginsburg died in September. Justice Anthony Kennedy retired in 2018. The Supreme Court has weighed in on college admissions several times over more than 40 years. The current dispute harks back to its first big affirmative action case in 1978, when Justice Lewis Powell set out the rationale for taking account of race even as the court barred the use of racial quotas in admissions.Harvard as “an illuminating example” of a college that takes “race into account in achieving the educational diversity valued by the First Amendment.

The Trump administration backed Blum’s case against Harvard and also filed its own lawsuit alleging discrimination against Asian Americans and whites at Yale.and almost certainly will take Harvard’s side at the Supreme Court if the case goes forward.

If they abolish affirmative action because it benefits unserved Black students but continue to allow legacy, donations, and prominent recommendation preferences because they benefit wealthy White people, the Supreme Court will prove it is a White supremacist entity.

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