Affirmative Action Case Discussed at Senate Confirmation Hearing

The Supreme Court will soon hear a case concerning the legality of Affirmative Action.

As loyal readers of our college admissions blog know all too well, we’ve got a crystal ball at Ivy Coach. In fact, earlier this year, our famously accurate crystal ball predicted that the United States Supreme Court would rule against Harvard University in the appeal of the Students for Fair Admissions v. Harvard University case. Such a ruling would turn the tide in college admissions by changing how universities across the nation factor in race in admissions decision-making. With the current 6-3 conservative majority on the nation’s highest court, we just don’t see how the practice of Affirmative Action would withstand a Supreme Court challenge. And, today, we’re even more convinced Affirmative Action is in major peril.

How come, you ask? Well, in her Senate Judiciary Committee confirmation hearing, Judge Ketanji Brown Jackson, President Biden’s pick to replace Justice Steven Breyer, agreed to recuse herself from the SFFA v. Harvard case if appointed to the nation’s high court. And why? Because there’s a conflict of interest. Judge Brown, a graduate of Harvard College and Harvard Law School, is a current member of Harvard’s Board of Overseers. As Nate Raymond reports for Reuters in a piece entitled “U.S. Supreme Court pick Jackson to recuse from Harvard race case,” “‘If you’re confirmed, do you intend to recuse from this lawsuit?’ asked Republican Senator Ted Cruz, who attended Harvard Law School at the same time as Jackson. ‘That is my plan, senator,’ Jackson responded.”

So even if the conservative-leaning Chief Justice John Roberts chooses to side with the liberal wing, Justice Sonia Sotomayor and Justice Elena Kagan, that would still result in a 5-3 decision against the consideration of race in college admissions. The math just isn’t there for the continued consideration of race in college admissions, a practice we at Ivy Coach believe in our hearts remains necessary to create a more perfect union. But only time will tell what the Supreme Court will ultimately decide. So do stay tuned!

 
 

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