The survival of affirmative action in higher education appeared to be in serious trouble Monday at a conservative-dominated Supreme Court after hours of debate over vexing questions of race.
WASHINGTON — The survival of affirmative action in higher education appeared to be in serious trouble Monday at a conservative-dominated Supreme Court after hours of debate over vexing questions of race.
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, with its 6-3 conservative edge, will sharply steer the law to the right on another contentious cultural issue that conservatives have had in their sights for years.
“Your position is that race matters because it’s necessary for diversity, which is necessary for the sort of education you want. It’s not going to stop mattering at some particular point,” said Chief Justice John Roberts, who has long been skeptical of considerations of race. “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.
The cases are brought by conservative activist Edward Blum, who also was behind an earlier affirmative action challenge against the University of Texas as well as the case that led the court in 2013 to end the use of a key provision of the landmark Voting Rights Act.The group argues that the Constitution forbids the use of race in college admissions and calls for overturning earlier Supreme Court decisions that said otherwise.
“We did not fight a civil war over oboe players,” Roberts countered, a sharp allusion to the nation’s long struggle with race.
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