(DailyWire) The Supreme Court heard two cases on Monday that could lead justices to rule against affirmative action, a policy by which universities promote individuals of various minority groups in admissions processes.
Students for Fair Admissions, a legal advocacy group which opposes affirmative action, has filed complaints against both Harvard University and the University of North Carolina for “employing racially and ethnically discriminatory policies and procedures” when accepting students. The lawsuit against Harvard argued that Asian-American students need significantly higher standardized test scores to gain entrance into elite colleges.
Conservative-leaning members of the Supreme Court expressed a high degree of skepticism toward race-conscious admissions practices as lawyers for both universities presented their arguments. Justice Brett Kavanaugh said that such policies are “potentially dangerous and must have a logical end point,” while Justice Amy Coney Barrett asked attorneys for the University of North Carolina when the “sunset” for the policies can be expected. Justice Clarence Thomas said that he has “heard the word ‘diversity’ quite a few times” and does not “have a clue what it means.”
“College admissions are a zero-sum game,” Justice Samuel Alito added, according to a report from Reuters. “And if you give a ‘plus’ to a person who falls within the category of under-represented minority, but not to somebody else, then you are disadvantaging the other student.”
Numerous studies have indeed highlighted the disadvantages faced by Asian-Americans in college admissions processes seeking to reserve places for black and Hispanic students. One study from 2009 concluded that Asians required an SAT score approximately 140 points higher than white applicants, 270 points higher than Hispanic applicants, and 450 points higher than black applicants, according to a report from the Asian American Coalition for Education.