On Monday, June 14, the Supreme Court issued an Order in the Harvard Affirmative Action case seeking the opinion of the Solicitor General on the case. Law360 interviewed Clinical Professor of Law Doron Kalir on the significance of that move. Kalir explained that, in general, asking the opinion of the Solicitor General – sometimes referred to as the “Tenth Justice” – is often a sign that the Court is heavily considering taking the case. He opined that with the new super-majority of conservatives on the Court, this case might spell the beginning of the end for Affirmative Action in Higher Education.
The article is here:
Dear Professor Kalir, A belated response as I have had difficulty in posting comments due to the requirement of adding a “url” and I am testing to see whether I can post a comment. I remember some years ago that I read a law review article testing whether reliance on zip codes instead of race was a good substitute for race-based affirmative action. The conclusion was, “not as good as” race-based affirmative action, but it may not matter after a S.Ct. decision next term in the Harvard case. Could you let me know if you receive this comment? Thanks, Alan