Affirmative Action — Could Justice Alito’s Vote Change The Game?

The Supreme Court could decide this week whether to delve into yet another hot-button social issue: affirmative action.

At issue is a lawsuit brought by Abigail Fisher, a white student, who said she was denied admission to the University of Texas because of the color of her skin. If the justices vote to hear the case, it could mean a majority of the court is willing to curtail or further restrict race-conscious admissions policies at public universities.

The court is set to discuss the case in its closed-door conference this week and could announce as early as Friday whether it will add the case to next term’s docket.

“This case presents the court with an opportunity to clarify the boundaries of race preferences in higher education, or even reconsider whether race should be permitted at all under the Constitution’s guarantee of equal protection,” said Edward Blum, the director of the Project on Fair Representation, a nonprofit legal defense foundation that has provided legal counsel for Fisher.

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