Affirmative action in jeopardy after Supreme Court justices raise doubts

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Affirmative action in jeopardy after Supreme Court justices raise doubts
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The survival of affirmative action in higher education appeared to be in serious trouble Monday at a conservative-dominated Supreme Court after hours of debate over vexing questions of race.

Proponents for affirmative action in higher education rally in front of the U.S. Supreme Court on October 31, 2022 in Washington, DC.

Justice Clarence Thomas, the court's second Black justice, who has a long record of opposition to affirmative action programs and other conservative positions, noted he didn’t go to racially diverse schools, at one point saying, "I’ve heard the word ‘diversity’ quite a few times, and I don’t have a clue what it means." He also challenged defenders of affirmative action to "tell me what the educational benefits are.

Justice Samuel Alito likened affirmative action to a footrace in which a minority applicant gets to "start five yards closer to the finish line." But liberal Justice Sonia Sotomayor, the court's first Hispanic member, rejected that comparison saying what universities are doing is looking at students as a whole.

But that was before the three appointees of former President Donald Trump joined. Jackson was chosen this year by President Joe Biden. Justice Neil Gorsuch pressed Ryan Park, a lawyer for North Carolina, on why colleges shouldn't be forced to eliminate those preferences, "which tend to favor the children of wealthy white parents," to see if it allowed them to increase diversity without considering race.

FILE - A view of Harvard Yard on the campus of Harvard University on July 8, 2020, in Cambridge, Massachusetts.

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