The constitutionality of affirmative action programs has long been the subject of litigation, one that the Supreme Court has addressed a number of times. And while many thought that the issue was settled, that is clearly not the case. This term two affirmative action cases were argued before the Court - one involving Harvard and the other involving the University of North Carolina.
So how did we get here? And more importantly where might we end up and why?
We are lucky today to be joined byUniversity of Virginia law professor Scott Ballenger,a former clerk to Justice Scalia and an experienced Supreme Court advocate. Scott was a critical part of the legal team in two of the Court’s previous affirmative action cases.