The deck seems stacked for a landmark Supreme Court decision against the use of racial preference in college admissions, experts tell TPM. The scope of the upcoming Fisher v. University of Texas ruling is uncertain, but barring a shocking change of heart from one of the five Republican-appointed justices, the high court seems set to deal a blow to Affirmative Action.
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This fall, for the first time since 2003, the Supreme Court will hear a case that cuts to the heart of Affirmative Action in higher education, brought by a white woman who said she was unfairly denied admission to the University of Texas-Austin. More importantly, it will be the first time the high court has taken a case on this issue while a majority of the sitting justices have expressed misgivings with racial preferences in education. To add to that, Elena Kagan, one of the justices seen as sympathetic to the cause, has recused herself.
"I think the chances for Affirmative Action are really not good," Adam Winkler, a constitutional law professor at UCLA, told TPM. "Without Kagan there are only three solid votes for continuing Affirmative Action in higher education. Those aren't good odds."