EDUCATION + SCHOOLS

Affirmative action decision may overturn precedent

Nov 2, 2022, 5:00 PM

The Supreme Court on Thursday preserved the system that gives preference to Native American familie...

FILE: The U.S. Supreme Court is shown in February 2009 (Photo by Win McNamee / Getty Images)

(Photo by Win McNamee / Getty Images)

SALT LAKE CITY — The United States Supreme Court will look at a 2014 affirmative action case this week and could overturn precedent once again. 

KSL Legal Analyst Greg Skordas told KSL at Night that the decision of this case could impact colleges across the nation. 

“This would certainly have broad, far-reaching consequences to virtually every school in the country in making admission decisions,” said Skordas. 

A group called Students For Fair Admission, an anti-Affirmative Action group, originally filed a lawsuit against both Harvard and The University of North Carolina. The case now focuses solely on Harvard. 

“There was a ruling in 2003, called Grutter vs. Bollinger, which upheld the right to consider race as a factor in admissions and effectively said that affirmative action is fair and reasonable,” said Skordas.

The court has heard oral arguments, and Skordas said Chief Justice John Roberts could swing the decision. 

“He’s been reluctant to overturn precedent,” said Skordas. “But he’s also expressed some concern in prior opinions, that he doesn’t like affirmative action.”

Skordas said Roberts subscribes to the idea that the best way to stop discrimination on the basis of race, is to not discriminate on the basis of race. But Skordas said that is not always the case.  

“If you’re fair, you’ll have a balanced student body anyway,” said Skordas. “Which of course we all know, hasn’t worked particularly well.”

Listen to the full segment:

 

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Affirmative action decision may overturn precedent