Analysis

Barrett Puts Affirmative Action In Play As Harvard Case Looms

Law360 (October 6, 2020, 2:31 PM EDT) -- U.S. Supreme Court nominee Amy Coney Barrett's potential confirmation could have major ramifications for affirmative action in higher education, particularly if the high court takes up a high-profile challenge to Harvard University's race-conscious admissions policy that is currently before the First Circuit.

As Judge Barrett prepares for confirmation hearings next week following the death of liberal icon Justice Ruth Bader Ginsburg, there is little in her relatively short track record on the bench to indicate where she may fall on affirmative action, a favorite target of conservative legal activists that the Supreme Court has addressed multiple times in recent years....

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