According to sources, the court said Tuesday it will return to the issue of affirmative action in higher education for the first time since its 2003 decision endorsing the use of race as a factor in admissions.
However, the new case will be argued in October, weeks before the presidential election, because the Supreme Court’s calendar is filled through spring.
The Obama Administration will not take part in on the issue even if it could choose to do so. Justice Elena Kagan also announced that she disqualified herself from hearing the case, presumably because she had worked on it previously as solicitor general.
Arguments in the case will be heard during the court’s next term, which starts in October.No tags for this post.