An anti-affirmative action group is challenging the way Harvard College and the University of North Carolina weigh race as one factor when they consider prospective students for admission. That group reads the 1954 Brown decision as commanding universities to be colorblind, providing no advantage to applicants based on race.

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The U.S. Supreme Court will consider whether race-conscious admissions procedures in higher education violate the Constitution and federal law. The two cases, Students for Fair Admissions v. Harvard and SFFA v. University of North Carolina, are likely to define the court’s new term in the worst possible way. The cases raise serious doubts about the future of race-conscious admissions, commonly referred to as affirmative action, in higher education.

Specifically, the court is poised to strip hundreds of colleges and universities of the ability to take an individual’s race into account, in any way, in the admissions process. David Cole, legal director of the ACLU, has said that the damage to diversity efforts could be “earth shattering” if the court bans the consideration of race as one of many factors colleges consider in admissions.

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