Bloomberg Law
Jan. 3, 2023, 8:46 PM

Affirmative Action’s Unlikely Path to Surviving SCOTUS (Podcast)

David Schultz
David Schultz
Audio Producer

On Oct. 31, 2022, the Supreme Court heard arguments that Harvard’s and the University of North Carolina’s use of race in admissions goes too far. Given the current ideological makeup of the Supreme Court, it’s almost certain the justices will overturn more than 40 years of precedent and declare affirmative action in higher education unconstitutional.

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But, as Bloomberg Law’s Matthew Schwartz explains, there is a remote-but-not-impossible chance that the court may issue a surprise ruling upholding affirmative action but further limiting how it can be used.

In this episode of our weekly legal news podcast, On The Merits, Matthew joins us to speculate on the court’s ruling in this potentially landmark case and to talk about his recent four-part podcast series on affirmative action. Matthew also talks about the anti-affirmative action activist driving this case and what is behind his motivations.

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To contact the reporter on this story: David Schultz in Washington at

To contact the editor responsible for this story: Andrew Satter at

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