Jackson said he would withdraw from the positive action case if confirmed

Judge Ketanji Brown Jackson said he would withdraw from a lawsuit challenging Harvard University’s policy of affirmative action if confirmed in the U.S. Supreme Court.

The country’s highest court will hear multiple cases involving race-based college admissions practice in the fall at Harvard University and the University of North Carolina.

Both UNC and Harvard have been sued for discrimination against Asian and white Americans, arguing that their civil rights were violated in the admission process with some arguments.

“That’s my plan,” Texas GOP Sen Ted Cruz said when asked about Jackson’s withdrawal.

Jackson currently sits on the university’s board of overseers. Under the federal judicial withdrawal rules, judges must “disassociate themselves from any proceedings so that their impartiality can be reasonably questioned” when the judge has “personal bias or prejudice against one party, or personal knowledge of the disputed proven information.” Activities. “

Cruz described the school’s positive action practice as a “clear and, in my view, discriminatory policy against Asian-Americans”, before asking a question about the legal rules regarding standing.

“Although I see that the policy is serious, I, as an independent plaintiff, have not been able to challenge it because I am not Asian-American, is that right?” He asked Jackson, who did not answer the question directly.

“If you bring a lawsuit, the court will need to assess whether you have a real injury in order to be able to determine whether the subject matter of the case has jurisdiction,” he said.


Judge Ketanji Brown Jackson has said he plans to withdraw from the Supreme Court case, citing Harvard’s race as a factor in the university’s admissions policy because he is on the university’s board of overseers. https://t.co/WTud7VJPVX pic.twitter.com/9gON966Jhc

– ABC News Politics (ABCPpolitics) March 24, 2022

Supreme Court Justice Clarence Thomas had earlier made it clear that he was ready to take positive action, calling the practice “comparable to bigotry.”

Regarding the challenge of a positive action program at the University of Texas, Thomas writes, “I have noticed that racial engineering actually has deceptive consequences.” “There is no doubt that university discrimination discriminates against white and Asian applicants who are denied admission due to their ethnicity. But I believe that those who are admitted under the discriminatory admissions program of the university are more likely to be harmed, ”Thomas argued earlier.

Thomas added, “On average, blacks and Hispanics admitted to university as a result of racial discrimination are far less prepared than their white and Asian classmates.”

“The university admits minorities who would otherwise study in less elective colleges where they would have met more equally,” he argued.

“But, as a result of the discrepancy, many blacks and Hispanics who may have excelled in less elite schools have been placed in a position where poor performance is inevitable because they are less academically prepared than white and Asian students with whom they must be. Compete. Aside from the damage done to the confidence of these over-assembled students, there is no evidence that they learned more at university than they did at other schools for which they were better prepared. In fact, they may learn less, “said Thomas.

Excluding this practice would be a shockwave across American higher education, and many schools would have to find other ways to promote “diversity.”

Opponents say ending the positive move would make the process more fair, and some say colleges could protect racial diversity with an advantage for low-income students.

Mike Zhao, president of the Asian American Coalition for Education, said Americans should have an equal chance of success “through hard work, determination and initiative.”

“The time has come for the US Supreme Court to take action to protect our constitutional rights,” he said in a statement.

Post Jackson says he will withdraw from positive action lawsuits if confirmed in Supreme Court

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