With the Supreme Court’s recent decision in Dobbs v. Jackson’s Women’s Health Organization (2022), where five Supreme Court justices voted to overturn the precedent set by Roe v. Wade (1973), the Court demonstrated a willingness to question, and even overturn, past precedent. Among the contentious cases for this term is Students for Fair Admissions v. President and Fellows of Harvard College, a case concerning affirmative action and discrimination in the college admissions process. Students for Fair Admissions will be the first affirmative action case the Court has decided since it largely upheld the use of race as a factor in college admissions decisions in 2016. However, the current makeup of the Court, of which three Trump-appointed justices have cemented a conservative supermajority, likely represents the end of the constitutionality of affirmative action, with Students for Fair Admissions being a key case in overturning past precedent.
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