The likely nomination of Judge Amy Coney Barrett to the Supreme Court may cast a shadow on the future of Affirmative Action. That, in short, is the claim made by a recent Law360 article published on October 6, 2020. 

The article cites several legal experts, including Professor Doron Kalir. Kalir opined that Judge Barret’s nomination may present a “dream scenario” for Justice Thomas, who for years has fought to abolish the legal institution of Affirmative Action in its entirety. 

The underlying case, which may come before the Supreme Court as early as next Term, is Students for Fair Admissions (SFFA) v. Harvard. The case has been decided in favor of Harvard by the District Court, and is now before the First Circuit Court of Appeals, which heard Oral Argument in September.