Ketanji Brown Jackson plans to recuse herself from the upcoming Harvard affirmative action case at the Supreme Court if she's confirmed as a justice vi
Judge Jackson said she would recuse herself from an upcoming Supreme Court case that could determine the fate of racial preferences in higher education.
The board provides confidential counsel to Harvard's leaders on a range of issues and has historically advised the university administration on admissions policies. It isn’t known what role, if any, its elected members had in developing or overseeing the race-conscious admissions policies under dispute.
Under governing rules, a justice is supposed to disqualify herself from a case if her impartiality might reasonably be questioned, but that decision lies solely with each justice. Justices have no duty to explain their recusal decisions, which aren’t reviewable. The lawsuit against Harvard alleges the school unlawfully used quota-like racial-balancing tactics that artificially raised the standards of admission for Asian-American applicants. The complaint against UNC alleges the public university’s flagship campus in Chapel Hill unlawfully factored students’ race into the admissions process, favoring Black, Hispanic and Native American applicants. Both suits were filed in 2014.
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