>>> AFFIRMATIVE ACTION COULD BE
THE NEXT MAJOR PRECEDENT TO
FALL.
I'M BRIANNA KEILAR WITH JOHN
BERMAN IN PERSON THIS MORNING.
IN JUST A FEW HOURS, THE SUPREME
COURT WILL HEAR ARGUMENTS ON
WHETHER COLLEGES AND
UNIVERSITIES CAN CONTINUE TO
CONSIDER RACE AS A FACTOR IN
ADMISSIONS.
>> CHALLENGERS IN THESE CASES
ARE TARGETING HARVARD AND THE
UNIVERSITY OF NORTH CAROLINA.
THEY ARGUE THE SCHOOLS'
ADMISSION PROGRAMS VIOLET EQUAL
PROTECTION PRINCIPALS AND
DISCRIMINATE AGAINST ASIAN
AMERICANS.
JESSICA SNYDER JOINS US NOW.
LAY OUT THE CASES FOR US.
>> Reporter: ARGUMENTS IN THE
TWO CASES ARE TEED UP FOR THIS
MORNING.
THE SUPREME COURT WILL ONCE
AGAIN RE-EXAMINE AFFIRMATIVE
ACTION BUT THIS TIME WITH THE
SOLIDLY CONSERVATIVE COURT IT IS
QUITE LIKELY THAT THE JUSTICES
COULD BAN AFFIRMATIVE ACTION
ONCE THEY RELEASE THEIR OPINION
SOMETIME NEXT YEAR.
THIS IS ALL HAPPENING AS THE
GROUPS FIGHTING TO END THE
CONSIDERATION OF RACE IN
ADMISSIONS THEY HAVE BEEN QUITE
OUTSPOKEN.
>> DIVERSITY AS IMPORTANT AS IT
IS, CANNOT COME AT EXPENSE OF
ASIAN AMERICANS.
>> Reporter: THESE ASIAN
AMERICAN STUDENTS ARE LEADING A
FIGHT AGAINST AFFIRMATIVE
ACTION.
>> IT'S TIME FOR ASIAN AMERICANS
TO BREAK UP WITH WOKE DIVERSITY.
>> THEY'RE AT THE CENTER OF A
LAW ENFORCEMENT AGAINST HARVARD,
ACCUSING THE SCHOOL OF
DISCRIMINATING AGAINST ASIAN
AMERICANS TO MAKE MORE ROOM FOR
HISPANICS AND BLACKS.
CALVIN YANG CLAIMS HE WAS DENIED
ADMISSION TO HARVARD BECAUSE OF
HIS RACE.
>> IT SHOWS THERE'S A TREND
HERE.
A TREND WHERE ASIAN AMERICANS
ARE GETTING DISCRIMINATED
BECAUSE OF WHO WE ARE.
>> Reporter: NOW THE CASE
AGAINST HARVARD AND A SEPARATE
BUT RELATED AGAINST AGAINST UNC
CHAPEL HILL IS COMING BEFORE THE
SUPREME COURT.
EDWARD BLOOM HAS BEEN LEADING
THE CRUSADE TO END AFFIRMATIVE
ACTION FOR NEARLY A DECADE.
>> TREATING THEM DIFFERENTLY
BECAUSE OF THEIR RACE AND
ETHNICITY IT'S UNFAIR.
>> Reporter: BLOOM STARTED THE
GROUP STUDENTS FOR FAIR
ADMISSION AND INITIATED THE
CASES YEARS AGO.
HARVARD IS ACCUSED OF HOLDING
ASIAN AMERICANS TO HIGHER
STANDARDS AND CAPPING THEIR
NUMBERS.
BUT THE SCHOOL SAID IT SET NO
LIMITS.
AT UNC CHAPEL HILL, THE SCHOOL
CONTENDS IT TAKES A HOLISTIC
APPROACH TO DECISIONS.
MULTIPLE FEDERAL JUDGES SAID
NEITHER SCHOOL VIOLATED THE
CONSTITUTION BY CONSIDERING RACE
IN THE ADMISSION PROCESS.
BUT NOW THEY'RE BANKING ON THE
SUPREME COURT BANNING THE USE OF
AFFIRMATIVE ACTION.
>> THAT'S SOMETHING THAT'S BEEN
POLARIZING.
IT'S BEEN PROBLEMATIC.
AND I THINK THE NATION IS READY
FOR THIS.
>> Reporter: JULIA CLARK LEADS
THE GROUP BLACK STUDENT MOVEMENT
AT UNC AND SHE SAID RACE IS AN
ESSENTIAL ELEMENT FOR
UNIVERSITIES TO CONSIDER.
>> WE CANNOT HAVE HOLISTIC
ADMINISTRATIONS WITHOUT RACE
BECAUSE IT'S IN EVERY FACET OF
LIFE.
>> Reporter: ALREADY NINE STATES
BAN IF USE OF AFFIRMATIVE ACTION
IN ADMISSION DECISIONS AT PUBLIC
UNIVERSITIES.
BUT LEADERS AT THE UNIVERSITY OF
CALIFORNIA AND UNIVERSITY OF
MICHIGAN SAY THEIR RACE NEUTRAL
ADMISSIONS POLICIES HAVE NOT
WORKED.
TELLING THE SUPREME COURT THEY
HAVEN'T BEEN ABLE TO
SIGNIFICANTLY INCREASE
ENROLLMENT OF UNDER REPRESENTED
MINORITIES SINCE AFFIRMATIVE
ACTION BANS IN THEIR STATE TOOK
EFFECT.
>> I KNOW IN CALIFORNIA THERE
HAVE BEEN DEFINITE ATTEMPTS TO
TRY AND EVEN THE PLAYING FIELD
IN OTHER WAYS.
AND THEY HAD A LIMITED IMPACT.
THERE'S A CHILLING EFFECT WHEN
STUDENTS DON'T FEEL WELCOME
EITHER BY LEGISLATION OR
OTHERWISE.
THEY'RE NOT GOING TO WANT TO
COME FTO A UNIVERSITY THAT BANND
AFFIRMATIVE ACTION.
>> Reporter: NOW IT'S UP TO THE
SUPREME COURT TO SET THE FINAL
WORD OF WHETHER AFFIRMATIVE
ACTION CAN CONTINUE.
>> I WANT TO SEE AFFIRMATIVE
ACTION BEING REPEALED AND BECOME
ILLEGAL ACROSS THE COUNTRY.
>> I THINK I SPEAK FOR MYSELF
AND OTHER BLACK STUDENTS THAT WE
ARE SCARED AT THE END OF THE
DAY.
>> Reporter: NOW THE SUPREME
COURT HAS APPROVED AFFIRMATIVE
ACTION FOR THE LAST 45 YEARS BUT
CRUCIALLY HERE WHEN IT WAS
AFFIRMED IN 2003, JUSTICE SANDRA
DAY O'CONNOR SAID IT MIGHT NOT
BE NEEDED AFTER 25 MORE YEARS.
WE'RE COMING UP ON 20 YEARS
SINCE THAT DECISION.
SO IT'S POSSIBLE THE COURT COULD
USE THAT TIMELINE AS A RATIONAL
HERE TO EVENTUALLY END
AFFIRMATIVE ACTION.
JOHN AND BRIANNA.
>> THANK YOU FOR THAT REPORT.
>>> LET'S BRING IN OUR SENIOR
SUPREME COURT REPORTER ON THIS.
IS THERE ANY POSSIBILITY THE
COURT WOULD NOT OVERTURN
AFFIRMATIVE ACTION?
>> SMALL POSSIBILITY.
THERE'S NO CENTER LEFT ON THIS
COURT AND IT WAS A CENTRIST
CONSERVATIVE WHO UPHELD
AFFIRMATIVE ACTION, NARROWLY
OVER THE PAST 45 YEARS, FIRST IT
WAS LUIS POWELL IN 1978 THEN
SANDRA DAY O'CONNOR, THEN
ANTHONY KENNEDY IN 2016.
AND THIS COURT SHOWED IT'S READY
TO PLOW THROUGH PREZ DENSE, WE
SAW IT ABORTION IN JUNE BUT
THAT'S BEEN HAPPENING IN OTHER
AREAS OF THE LAW.
AND THE COURT DOES INDEED SEEM
POISED TO ROLL BACK THE 1978
LAND MMARK AND THE 2003 RULING
THAT JESSICA REFERRED TO.
BUT THERE HAS BEEN SO MUCH
PUBLIC PRESSURE AFTER ABORTION
RIGHTS THAT MAYBE THEY MIGHT
HEDGE FOR A WHILE.
>> BACHI WAS AN IMPORTANT CASE
IN 1978 SAYING YES TO RACE AS A
FACTOR IN ADMISSIONS WHICH IS
WHAT THE COURTS HAVE SINCE HELD
IN DIFFERENT WAYS SINCE THEN.
SO IF THIS COURT DOES WANT TO
GET AWAY WITH RACE AS A FACTOR,
WITH SCHOOLS BEING ABLE TO SAY
RACE AND DIVERSITY IS GOOD FOR
OUR CAMPUS, WHAT WOULD THAT
MEAN?
>> IT WOULD MEAN CAMPUS IS
NOT -- IT WOULDN'T HAVE AS MANY
DIFFERENT COLORED FACES ON THEM.
THAT'S WHAT THE UNIVERSITIES AND
COLLEGES ARE ARGUING, THEY NEED
TO TAKE RACE INTO EFFECT WITH SO
MANY OTHER CRITERIA PART OF THE
ADMISSION PROCESS, TEST SCORES,
ACADEMIC RECORDS,
EXTRACURRICULARS.
BUT THEY'RE SAYING THEY NEED TO
LOOK AT RACE.
YOU JUST REFERRED TO THE
RATIONAL FROM BACHI.
A LOT OF PEOPLE THINK
AFFIRMATIVE ACTION WAS ALLOWED
BECAUSE OF DISCRIMINATION.
NO.
WHEN IT WAS VOTED IN 1978, IT
WAS FOR THE EDUCATIONAL MISSION
TO HAVE A MORE DIVERSE STUDENT
BODY AND THAT'S WHAT THE
JUSTICES UPHELD IN 2003 AND
THAT'S WHAT IS AT ISSUE HERE.
SEVERAL SCHOOLS HAVE TRIED RACE
NEUTRAL MEASURES AND THEY SAY
THEY DO NOT DO THE -- THEY DO
NOT PROVIDE THE KIND OF DIVERSE
CAMPUS STUDENT BODY THAT PEOPLE
WOULD LIKE ON CAMPUSES, AGAIN
FOR THE EDUCATIONAL MISSION, TO
BUILD A DIVERSE WORKFORCE FOR
THE GLOBAL ECONOMY.
AND AS A SEW LISTER GENERAL IS
GOING TO ARGUE TODAY IN BOTH
CASES, FOR THE MILITARY ACADEMY
IT'S IMPORTANT TO HAVE A VARIETY
OF STUDENTS OF ALL