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 She offered the hypothetical of a student who could write an essay about why it was important to be the fifth generation of his family to attend UNC and compared it to a Black student who would like to offer a different reason for attending: “My family has been in this area for generations, since before the Civil War, but they were slaves and never had a chance to attend this venerable institution.”

(Jackson“What if it continues to be difficult in another 25 years” to create a diverse student body, Justice Amy Coney Barrett asked Park. “So what are you saying when you’re up here in 2040? Are you still defending it like this is just indefinite? It’s going to keep going on?”

In response, Park said the Grutter opinion requires “aggressive and enthusiastic adoption of race-neutral alternatives,” which university officials say have so far not been sufficient to achieve diversity on campus. “It’s a dial, not a switch. And the progress that we’ve made since Grutter has shown that at the University of North Carolina, we have dialed it down substantially.”

Roberts was unconvinced. “I don’t see how you can say that the program will ever end,” he said.

At times, the justices seemed to be talking more to one another than questioning the lawyers. Justice Elena Kagan possibly had her seatmate, Justice Brett M. Kavanaugh, in mind when she asked Cameron T. Norris, the lawyer representing the challengers to Harvard’s policy, whether a judge who wants a diverse set of clerks can have race in mind when making hiring decisions.vanaugh has prided himself on such hiring, and his clerks say only three of the 20 he has hired at the Supreme Court are White men.

“The question is, when race-neutral means can’t get you there, don’t get you there, when you’ve tried and tried and they still won’t get you there, can you go race-conscious?” she asked.

“I don’t believe so, Justice Kagan,” Norris answered.

As justices tackled broad questions in the UNC case, much of the Harvard case was more specific to allegations about discrimination against Asian Americans.

Alito brought up admissions data that the challengers said shows Asian Americans are unfairly penalized when Harvardecause she was a board member at her alma mater and one of her daughters attends the college.)

Several conservative justices repeatedly returned to the question of when — if ever — the consideration of race would no longer be necessary in college admissions. The justices pointed to the majority opinion in Grutter v. Bollinger from 2003 in which Justice Sandra Day O’Connor’s opinion said racial preferences were not likely to be needed in 25 years.