Supreme Court Decouples Harvard, UNC Affirmative Action Cases (2)

The Supreme Court separated challenges to affirmative action programs at Harvard and the University of North Carolina, paving the way for Justice Ketanji Brown Jackson’s participation.

Jackson had signaled at her confirmation hearing earlier this year that she would recuse herself from the case involving Harvard, as she recently completed a six-year stint on the school’s board of overseers. During her tenure, Harvard’s affirmative action program was a hotly debated issue among the board and the school’s alumni.

Though not technically required to do so, justices typically recuse due to family ties with the parties or lawyers, financial interests, or ...