Nearly forty-five years after its decision in Regents of the University of California v. Bakke, the Supreme Court appears poised to overturn or significantly depart from its prior approval of the use of race as a “plus factor” in college admissions. Although Justice Kentaji Brown Jackson will succeed Justice Stephen Breyer before the Court hears the case, we expect the conservative justices to prevail by prohibiting the consideration of race in college and university admissions, particularly given that Justice Jackson has indicated that she would likely recuse herself from the case.
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