Questions Mount Over Whether a Supreme Court Ruling Against Affirmative Action Will Change Anything

Even if the Supreme Court rules against the use of race and ethnicity in admissions, colleges and universities are set to scan for legal loopholes in response.

AP/Patrick Semansky
The Supreme Court building, June 27, 2022, at Washington. AP/Patrick Semansky

Armed with a conservative supermajority, the Supreme Court this fall may declare that the use of affirmative action in college admissions is unconstitutional after it hears two cases, Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina..

A ban against race and ethnicity considerations has the potential to reshape recruitment strategies beyond campuses and into the corporate world, experts say. However, little might change for elite universities, which can pursue legal loopholes to effect affirmative action by other means.

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