Noah Feldman, Columnist

This Supreme Court Won’t Uphold College Affirmative Action

The legality of race-based preferences in university admissions has been hanging by a thread for decades and the “diversity” rationale appears to be expiring.

January 24, 2022 at 7:27 PM UTC

By Noah Feldman

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

Eye of the beholder.
Photographer: Alex Wong/Getty Images

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A revolution in university admissions appears to be at hand.

The Supreme Court has agreed to hear two cases on affirmative action in higher education, raising the likelihood that it will strike down the practice in the near future. The only thing surprising about this development is the timing, in the same Supreme Court term that already promises blockbuster conservative judgments on abortion and guns.