Ketanji Brown Jackson to rule in UNC affirmative action lawsuit

The Supreme Court will hear two separate cases against affirmative action policies at the University of North Carolina and Harvard University next term.

The decision clears a path for Justice Ketanji Brown Jackson to rule on the UNC case while recusing herself from the Harvard decision.

Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina were initially intended to be argued together before the Supreme Court, but will now be argued separately

This update for Students for Fair Admissions’ affirmative action lawsuits clears the way for new Justice Ketanji Brown Jackson to rule on the University of North Carolina (UNC) case. 

[RELATED: WATCH: ‘Why are colleges allowed to do this?’ Lawyer explains race-based admissions policies.]

She previously promised to recuse herself from the Harvard University case because she previously served on the Harvard Board of Overseers for six years and is an alumna of the Ivy League school.  

Cato Institute Research Fellow Thomas Berry told Campus Reform in an interview in March that Brown Jackson has previously recused herself from cases regarding her alma mater to negate personal bias. 

[RELATED: College admissions SCOTUS case is about Anti-Asian discrimination, lawmakers argue in brief]

He forewarned that Brown Jackson’s recusal could shift the outcome of the decision, as the case would be determined by eight justices instead of nine. 

The Supreme Court expects to hear both cases during the upcoming term in October. However, oral arguments are not currently scheduled.

Campus Reform contacted UNC and Harvard for comment. SFFA declined to comment. This article will be updated accordingly.

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