Following the overturning of the nearly 50-year precedent of Roe v. Wade in June, the cases offer another test of whether the court now dominated by conservatives will move the law to the right on another of the nation’s most contentious cultural issues.
Following the overturning of the half-century abortion precedent of Roe v. Wade in June, the cases offer a big new test of whether the court now dominated 6-3 by conservatives will jolt the law to the right on another of the nation's most contentious cultural issues.
Justice Amy Coney Barrett, another conservative, pointed to one of the court's previous affirmative action cases and said it anticipated a halt to its use in declaring that it was"dangerous" and had to have an end point. When, she asked, is that end point? "I thought part of what it meant to be an American and to believe in American pluralism is that actually our institutions, you know, are reflective of who we are as a people in all our variety," she said.
Lower courts have upheld the programs at both UNC and Harvard, rejecting claims that the schools discriminated against white and Asian-American applicants. The schools contend that they use race in a limited way, but that eliminating it as a factor altogether would make it much harder to achieve a student body that looks like America.
White students are just over 40% of Harvard's freshman class, the school said. The class also is just under 28% Asian American, 14% Black and 12% Latino.
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