Postponing Review, SCOTUS Seeks Biden Administration’s Views on Use of Harvard’s Racial Affirmative Action in College Admissions

In preparing to hear the case Students for Fair Admissions v. President and Fellows of Harvard, SCOTUS has issued an order asking Acting Solicitor General Elizabeth Prelogar to file a brief expressing the government's views on a challenge to Harvard's admissions policy, which considers race. The plaintiffs are asking the court to rule on whether Harvard's admissions policies are violating the Federal Civil Rights Act. They are also asking whether the court should overrule its decision in Grutter v. Bollinger, which allows race to be considered as one factor in the admissions process. There is no deadline for the Acting Solicitor General to respond, which could possibly push the case to the 2022-23 term. See CNN, ABA Journal, SCOTUSblog.