Facts

• The US Supreme Court is poised to review and, potentially, overturn the legality of using affirmative action in higher education. Harvard and the University of North Carolina are set to defend their approach to promoting diversity on Monday.^[1]
• Challenges to the practice have been brought by conservative activist and founder of the campaign group "Students for Fair Admissions," Edward Blum. His group — which was also behind a case brought against the University of Texas and a successful 2013 challenge to a key provision in the Voting Rights Act — asserts that factoring race into college admissions goes against the Constitution.^[2]
• The court has upheld the use of affirmative action in college admissions twice in the past 19 years, including in a 2016 ruling.^[3]
• The makeup of the court has changed significantly since it last ruled on affirmative action. Former Pres. Donald Trump's three appointees have pushed SCOTUS into a conservative majority, while Pres. Biden's single nomination has given the court its first Black female justice.^[4]
• Justice Jackson recused herself from the Harvard hearing due to her connections with Harvard at the time of some of the litigation involved in the case. The ruling will rest on whether the Supreme Court determines that the Fourteenth Amendment protects the consideration of race in higher education.^[5]
• A final ruling isn't likely to be reached until late spring 2023.^[2]