Justice Argues Applicants Voluntarily Provide Race Information

During arguments, Justice Ketanji Brown Jackson asked Patrick Strawbridge, the lawyer representing Students for Fair Admissions (SFFA,) how plaintiffs are being harmed by the the University of North Carolina's use of race.

Strawbridge responded saying the consideration of race necessarily creates harm because college admissions are a zero-sum game.

Jackson then asked how race is being used in the UNC process. She said that her impression is that race is never "standing alone" on a application considered by the school's admission's process. Jackson said SFFA has not showed a situation where all the admissions office looks at on an application is race.

"They are looking at the full person," she said.

Strawbridge said the use of race is barred by the Constitution, other factors, like gender or socioeconomic background, are not.

He added that gender is not taken into account on a student's application but that doesn't mean the university is not aware that women are applying.

Strawbridge said, based on the data he collected, he is not seeing gender playing a role in admissions. Experts have, however, found that race matters in a number of cases, he said.

He argues that having a box on the application for students to check off their race is unconstitutional.

Another justice asked Strawbridge if it would admissible for an applicant to write an essay on his or her culture, he said it would be. Strawbridge said using race on an application matters and is "inherently divisive."

Justice Jackson added that applicants are the one who argue their race is important and the university only know one's race because the applicant voluntarily provides that information.

Strawbridge argued that some races get a benefit in the application process while others do not.

Ketanji Brown Jackson Recuses Herself From Harvard Case

Arguments are being heard now in the UNC case, Harvard will follow.

Justice Ketanji Brown Jackson recused herself from the Harvard case, as she previously served on a Harvard board, according to the U.S. Supreme Court blog.

Court Considers Affirmative Action in College Admissions

The Supreme Court will hear arguments in two cases concerning affirmative action in college admissions.

Both lawsuits were filed in federal court in 2014 by a group called Students for Fair Admissions (SFFA). The group argues that the Constitution forbids the use of race in college admissions.

Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions Inc. v. President & Fellows of Harvard College question whether higher education institutions can use race as a factor in admissions.

In both, the court will be asked to consider if Grutter v. Bollinger, the case that protected race-based considerations in admissions, should be overturned.

In the UNC case, SFFA argue that school's race-conscious admissions process violates the Fourteenth Amendment of the Constitution. In the Harvard case, the group argues the race-conscious admissions process violates Title VI of the Civil Rights Act of 1964.

SFFA argues that colleges and university can use other, race-neutral standards in admissions to ensure a diverse student body, including socioeconomic status and eliminating preference for children of alumni.

Lower courts have upheld the programs at both UNC and Harvard, rejecting the arguments that the schools discriminate against white and Asian American applicants.

The Supreme Court has upheld Grutter twice since it was ruled on in 2003. But after the court reversed its ruling in Roe v. Wade in June, the majority conservative court may overturn another long-held precedent.