Sprinkled among the 27 cases America’s Supreme Court has agreed to hear in its new term are a few that offer opportunities to overhaul decades-old principles
Save time by listening to our audio articles as you multitaskAmong the longest-enduring precedents under review are decisions permitting universities to consider race in admissions. In, the justices told admissions committees they cannot set racial quotas but may consider applicants’ race as one factor among many to achieve the “educational benefits that flow from a diverse student body”.
In a pair of cases involving Harvard University and the University of North Carolina being argued on October 31st, Edward Blum, a conservative campaigner, argues thatis “grievously wrong” and should be overturned. After ending up one vote short six years ago in, Mr Blum has brighter prospects with revamped tactics, a new organisation, Students for Fair Admissions , and a court that has been transformed by Donald Trump’s three appointees.
According to Michael Li of the Brennan Centre for Justice, a think-tank, the justices risk turning theon its head by holding that it is “somehow racially discriminatory” to “remedy racial discrimination”. But Mr Li worries more about what a win for the plaintiffs in the affirmative-action cases might mean for voting rights. If the 14th Amendment is read to require strict race-neutrality, state-level rules for electoral maps to keep so-called “communities of interest” together may be lost, too.
Less ideological but equally fraught cases include disputes over California’s strict rules for raising pigs and what counts as “fair use” in a copyright case involving an Andy Warhol portrait based on a photograph of Prince, the musician. Justice Ketanji Brown Jackson takes over for her former boss, Stephen Breyer, amid a flurry of contentious cases, historically low approval for the Supreme Court among the public and swirling questions about its legitimacy.
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