(ZEROHEDGE) – Harvard and Yale are set to respond this week to a series of legal challenges accusing them of racial bias against Asian and White applicants during the admissions process, according to Bloomberg.

The universities will respond to two of those challenges to ‘race-conscious admissions,’ while two more make their way through the legal system against other universities. The controversy could make it all the way to the Supreme Court, which ruled over 40 years ago in its Bakke decision that race is a valid factor in creating a diverse student body.

While the decision has been reaffirmed over the years, it’s possible that the ‘conservative’ majority Supreme Court will strike Bakke down.

“Sandra Day O’Connor basically opined that we could have another 20 years or 25 years of affirmative action programs, but that they would not go on forever,” said conservative Linda Chavez, chairman of the Center for Equal Opportunity. “And yet we do see them going on forever,” she added.

O’Connor speculated in 2003 that the race-based consideration wouldn’t go on ‘forever.’ 17-years later, it’s still happening.

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