Harvard & UNC affirmative action cases to be argued on Oct 31

[politicallefty]

This is an issue where I part with the left-wing of the Court. I think affirmative action is a blatant violation of the Equal Protection Clause. I think it's bad policy as well, though that has nothing to do with the constitutional issues at hand. The issues of systemic racism are real, but they require a different solution that is compatible with the Equal Protection Clause.

[politicallefty]

There are a number of issues where Roberts prefers an incrementalist approach. I do not believe this is one of them. I'm more surprised that affirmative action has lasted as long as it has. It does seem to have nine lives, so to speak. I thought Fisher II was going to be the end considering Kennedy had joined Rehnquist's dissent in Grutter.

I would be surprised if there aren't now six Justices willing to overrule Grutter and if Roberts isn't the one writing the decision.

I'm more troubled by the UNC case, which involves low-income and first-generation students. I think that's a separate issue. I'm not sure how a conservative majority that is loath to use the Equal Protection Clause for issues not explicitly invoking race will thread that needle.