Well, there's a conservative Court now. Sandra Day O'Connor said in an opinion years ago that affirmative action was not meant to last forever.
The court was conservative in 2016.New rulings are heavily based on precedent. Affirmative action shouldn't last forever but as long as this is a racist ass country that discriminates against black and brown people it should.
WSJ: Biden’s ‘Yes’ to Racial Preferences The administration takes Harvard’s side in a case involving Asian-Americans. A week into his presidency, Joe Biden issued a memorandum declaring “the Federal Government has a responsibility to prevent racism, xenophobia, and intolerance against everyone in America, including Asian Americans and Pacific Islanders.” Almost a year later, President Biden has now done an about-face. According to a brief by his solicitor general, Elizabeth Prelogar, the same federal government that Mr. Biden says should be fighting racism against Asian-Americans is OK with using race to discriminate against Asian-American college applicants. Even more significant, Ms. Prelogar’s brief urges the Supreme Court not to hear a lawsuit against Harvard University that seeks to have the use of race in college admissions declared unconstitutional.
They wouldn't have taken the second case if the fact pattern wasn't different. The fact pattern at Harvard is different because of the "Asians don't have personality" score. We'll know next month.
The fact pattern is the same and clear The Court held that a student admissions process that favors "underrepresented minority groups" does not violate the Fourteenth Amendment's Equal Protection Clause so long as it takes into account other factors evaluated on an individual basis for every applicant. The ruling’s basic message was that admissions officials may continue to consider race as one factor among many in ensuring a diverse student body.