Chief Justice John Roberts wrote for the majority to undo the lasting impacts of the landmark 1978 case Regents of the University of California v. Bakke, which upheld race-conscious admissions at universities.Liberal Justice Sonia Sotomayor dissented and was joined by Justices Elena Kagan and Ketanji Brown Jackson as it applied to the Harvard case. Jackson dissented in the UNC case, joined by Sotomayor and Kagan.
During oral arguments in October 2022, the court's inclination to ban affirmative action was evident. The court's six conservatives expressed skepticism toward the practice, even as attorneys for Harvard and UNC, along with U.S. Solicitor General Elizabeth Prelogar, implored the court to permit the practice to continue.
Blum started SFFA in 2014 in part to fight against the affirmative action policies allowed in the Bakke decision. Such policies have long been debated as to whether they might inadvertently discriminate against other applicants. In 2003, the Supreme Court ruled against a University of Michigan system that awarded"points" to minority applicants as going too far but reaffirmed Bakke's central holdings that schools could use race as one of several admission factors.
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