Supreme Court Agrees To Hear Racial Case

( The Supreme Court has agreed to hear two racial cases earlier this week, according to the Daily Caller. The Court will determine whether two universities’ used of race-based admission is constitutional.

The Court will be hearing two cases from Students for Fair Admissions v. University of North Carolina (UNC) and Students for Fair Admissions v. President and Fellows of Harvard, where they will have to deliberate whether the universities’ race-based admission policy discriminated against other groups of students, such as Asian Americans, according to the outlet.

Students for Fair Admissions is arguing that the Supreme Court should overturn Grutter v. Bollinger (2003), a landmark case that held that affirmative action, which favors “underrepresented groups,” is not a violation of the Fourteenth Amendment’s Equal Protection Clause.

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” The Fourteenth Amendment reads.

If the group is successful at getting the Court to overturn Bollinger, then universities will be prohibited from considering race as a factor of admission.

The group has slightly different arguments for both cases. It argues that Harvard uses race-conscious policies as a way to limit the number of minorities that are admitted, while arguing that the University of North Carolina uses socioeconomic factors that gives preference to some minorities at the expense of Asian Americans and white students.

In August, Democratic politicians took the side of the universities when they penned a letter to the Supreme Court. U.S. House Education and Labor Committee Chairman Bobby Scott of Virginia and 64 Democrat Members of Congress wrote that affirmative actions “dismantles segregation and enhances educational opportunities for all Americans.”

Big tech companies, including Apple Inc., Alphabet Inc.’s Google, Meta Platforms Inc., and nearly 70 other companies, also signed an amicus brief urging the Court to rule in favor of affirmative action.

Students for Fair Admissions were likewise called racist by the executive director of the Asian American Legal Defense and Education Fund (AALDEF), who alleged that the group wants to empower white people.

“The meritless arguments by SFFA harmfully reinforce the ‘model minority myth’ of Asian Americans as more successful than other communities of color,” Margaret Fung said. “This only serves to pit our communities against each other to the express benefit of white students,” adding that Asian Americans benefit from affirmative action.