SG Files Brief in Harvard Affirmative Action Case, Teeing The Case For Review This Term

June saw the Supreme Court CVSG’d Students for Fair Admission. The Court had referred the case to the SG at the time. Prelogar could hold onto the brief through March 2022. It would have been impossible to grant the request in this term at that time. The brief was filed today by the SG. This concludes the briefing and can now be considered for grant.

Sur the merits, the SG stated that review was not necessary and should be ignored by the Court Gruter.

Petitioner asserts that (Pet. 21-36), that the Court should allow review in order to decide. Grutter v. Bollinger539 U.S. 306. (2003) and other Court precedents which allow for consideration of race in admissions to universities. This extraordinary action cannot be justified by petitioner. The United States views this as an extraordinary step. GrutterThe inter-pretation by’s of equal protection principles is accurate, and all traditions stare decisis factors—including the sub-stantial reliance interests of colleges and universities around the Nation—strongly support adhering to Grut-ter. This case is a bad example of how to reconsider. Grutter. 

Sounds familiar.

Do the Justices wish to grant this now? You mean with abortion and guns on the docket why not include affirmative actions? Don’t forget about the possibility of emergency redistricting litigation. The term is only going to get worse. The Court will relist, if history is any indication. DobbsIt has been done numerous times. This Harvard case would be safe in the next term if there were a few more relists.