At issue are challenges to the admissions procedures at the University of North Carolina and Harvard that use race among other factors in the goal of seeking a diverse student body.
apologized in 1989 for admissions policies that caused a decline in Asian undergraduate enrollment – but now a struggle that began in solidarity with other under-represented minorities seems to have pivoted to a position where Asian Americans are often being portrayed as being anti-affirmative action. That is wrong.
Of course, a major factor in the cases before the Supreme Court is that the group bringing the cases is spear-headed by conservative activistwho was also behind the law suits that curtailed Voting Rights and has previously brought suit over race-based admissions – and lost – over policies at the University of Texas.
But one solution did emerge in the back and forth with the Solicitor General who suggested that if the Court determined that the original district court failed to properly apply strict scrutiny to the allegations of improper use of race then the case could be remanded back for further work.
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