Today Harvard’s trial begins. The university has been sued for discriminating against Asians in its admissions process.
In a recent issue of the magazine, I spelled out the various issues the case raises. The lower courts will decide whether Asian students are in fact at a disadvantage when they apply (the evidence for which is quite strong) and whether such a disadvantage is legal under current Supreme Court precedent (an open question because said precedent is not exactly a model of clarity). Eventually, though, the Supreme Court itself could get a chance to reconsider the underlying issue with a conservative majority, and it will have numerous legal options for greatly curtailing or even eliminating the use of race in college admissions.
You can read the whole piece here.