The End of Positive Action? The Supreme Court case alleging Harvard discriminates against white and Asian applicants will be heard this week, with the conservative majority expected to scrap the policy
Cases are filed against Harvard and the University of North Carolina
They claim white and Asian students were discriminated against
Conservative Supreme Court expected to rule against universities
It could mean the end of affirmative action – especially for university admissions
The suits were brought by Students for Fair Admissions, founded by Edward Blum
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The affirmative action admissions policies used by universities to ostensibly improve diversity are expected to be dropped in Supreme Court cases to be heard this week.
Oral arguments will be heard Monday over whether Harvard and the University of North Carolina discriminate against white and Asian applicants during their admissions processes.
The Supreme Court, which has a 6-3 majority, is expected to overturn these policies, many of which were enacted decades ago.
Newest judge Ketanji Brown Jackson – the first black female judge, and one of the court’s three liberals – will refrain from hearing this case.
She did this because she is on Harvard’s board of trustees, having previously attended college as a college student and law student.
The schools state that affirmative action policies — which allow them to consider race when considering candidates — help them create diverse learning environments.
On Monday, the Supreme Court will hear two cases — involving North Carolina and Harvard — that question the legality and constitutionality of these so-called affirmative action settlements.
Cases against Harvard University and the University of Northern California will be heard in the Supreme Court starting Monday
The current group of Supreme Court justices, considered conservative by historical standards, is widely expected to rule against the universities
The schools are being sued by Students for Fair Admissions, founded by Edward Blum, 70. He is a strong supporter of repealing affirmative action policies and has brought eight cases to the Supreme Court
Both cases were brought by a group called Students for Fair Admissions, which was founded in 2005 by Edward Blum, 70, a former stockbroker.
Since 1996, Blum has orchestrated eight lawsuits that have come to the Supreme Court.
“I’m a one-trick pony,” Blum said in an interview with Reuters. “I hope and care about ending these racial classifications and preferences in our public policy.”
He added: “A person’s race or ethnicity should not be used to aid or harm them in their life endeavours.”
Harvard is accused of violating Title VI of the Civil Rights Act of 1964, which prevents discrimination based on race, color, or national origin in connection with any program or activity that receives federal funding
Another case alleges that the University of North Carolina violated the 14th Amendment guaranteeing equal protection under the law
The term affirmative action describes a set of policies designed to increase the representation of certain groups of people based on characteristics such as race, gender, and religion.
Such policies have been discussed since the 1960s as a means of eliminating discrimination against marginalized groups by improving their employment or education opportunities.
Positive action policies usually work by requiring institutions to admit certain quotas of individuals from specific backgrounds into their organizations – those institutions often include universities and employers.
In 2003, the Supreme Court ruled that Michigan Law School could consider race in admissions to reach a diverse student population. It was adjudged in what were considered the most significant affirmative action cases in 25 years.
But in recent decades, affirmative action has become an increasingly unpopular approach to addressing racial inequalities within institutions and in society.
Proponents of the approach argue that such policies reverse the historical impact of racism, but skeptics argue that it is a form of “reverse discrimination” that benefits only the most privileged in a minority group.
“The way to stop racial discrimination is to stop racial discrimination,” Chief Justice John Roberts wrote in a 2007 op-ed on the use of race in assigning children to public schools.
“The way to stop racial discrimination is to stop racial discrimination,” Chief Justice John Roberts wrote in a 2007 op-ed.
Most recently in 2016, Blum lost a case challenging student admissions on the grounds of race when the Supreme Court ruled 4-3 against a white woman he recruited as a plaintiff suing the University of Texas.
He called the 2016 verdict a “serious disappointment.”
One of the new lawsuits accuses Harvard of violating Title VI of the Civil Rights Act of 1964, which prevents discrimination based on race, color, or national origin in programs or activities that receive federal funding.
The other filed against UNC alleges that the university violated the 14th Amendment that guarantees equal protection under the law.
A ruling in both cases is expected at the end of June.