Justice Alito Predicts that More Litigation Will Be Necessary to Enforce the Court’s Ruling In SFFA v. Harvard

EXCERPT:

ALITO: “I hope the court will not backslide. I don't think we will backslide. But I think that much litigation is probably going to be necessary to enforce this principle because there are a lot of people who disagree with it and will look for ways to get around it. In the last two terms, we've had two cases that illustrate this, and if you have a second for them, they're both cases involving the admissions criteria for public charter schools, one here in the D.C. area, one in -- three up in Boston. These are schools with very high academic standards, very tough admissions standards based mostly on performance on a standardized test. And the students, Asian-American students, did disproportionately well on these admission tests and therefore constituted a percentage of the school population in both instances that well exceeded their population in the school district or in the municipality in question. And in both cases, the school boards decided to change the criteria for the express purpose of bringing about better demographic balance, bringing down the number of Asian-American students.”