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WASHINGTON 鈥� U.S. House Education and Labor Committee Chairman Bobby Scott of Virginia has filed a  along with 64 other House Democrats urging the Supreme Court to uphold  at Harvard University and the University of North Carolina.

鈥淣arrowly tailored admissions policies that recognize race as one criterion 鈥� out of many criteria for evaluating prospective students 鈥� are a key tool to realize diverse learning environments and address continued educational inequity,鈥� Scott said in a statement issued Tuesday.

The Supreme Court originally combined the two cases that challenged affirmative action but then separated them 鈥� likely because the newest justice, Ketanji Brown Jackson, said she would recuse herself from the Harvard case because she previously held a six-year term on Harvard鈥檚 board of overseers. Legal experts have said the court鈥檚 decision could reshape the use of affirmative action in higher education.

The cases are  and 

Both ask the court to overturn a 2003 decision in  that upheld the University of Michigan鈥檚 practice of considering race in its undergraduate admissions process to achieve a diverse student body.

The Harvard case also questions whether the university is violating the Civil Rights Act by placing a cap on its admittance of Asian American students, which the plaintiff argue discriminates against those students.

鈥淭hese admissions policies are critical for achieving the promise of equal educational opportunity that remains unfulfilled more than 65 years after the Supreme Court鈥檚 historic decision in Brown v. Board of Education,鈥� Scott said.

House Democrats in their brief argue that race-conscious admissions policies are still needed 鈥済iven the continued underrepresentation of African Americans, Latinos/Hispanics, and many Asian Americans in colleges and universities across the country.鈥�

鈥淓ven with the use of a race-conscious admissions program, the University of North Carolina (UNC) 鈥榗ontinues to face challenges admitting and enrolling underrepresented minorities, particularly African American males, Hispanics, and Native Americans,鈥欌�� they wrote.

Virginia Rep. Donald McEachin also signed onto the brief. The Supreme Court will hear the cases in the fall.

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