Corporations, military, Biden administration support affirmative action

Dozens of corporations, the U.S. military, and the Biden administration, among other organizations, have filed amicus (friend of the court) briefs in the U.S. Supreme Court supporting the use of affirmative action in college admissions. The Supreme Court will hear the Harvard and UNC cases separately, but both challenge the use of race in college admissions.

The plaintiffs claim the consideration of race violates constitutional equal protection provisions—specifically, that the policies provide unfair advantages to black, Hispanic, and Native American applicants over white and Asian-American applicants.

Corporations and the government argue employers depend on universities to prepare qualified workers and the government has a compelling interest in promoting student-body diversity on university campuses. A group of Catholic universities argued that achieving racial diversity was “inextricably intertwined” in their religious roots and in the First Amendment’s Free Speech and Free Exercise Clauses.

The Supreme Court is expected to hear oral arguments in these cases this fall.

H. Juanita Beecher is an attorney with FortneyScott in Washington, D.C. You can reach her at nbeecher@fortneyscott.com.