As women, Democrats and activists are opposing Brett Kavanaugh‘s confirmation amid his sexual assault allegations, historically Black colleges and universities also may have reasons to express concerns about the nominee’s run to the highest court in the U.S.
A Kavanaugh confirmation would mean a major change for the Supreme Court: the achievement of a conservative majority. If that majority is achieved, then the Supreme Court’s decisions and voting on issues relevant to historically Black colleges and universities could largely reflect right-leaning beliefs. Kavanaugh — a Trump-backed nominee who would become the ninth justice on the bench if confirmed — could be a conservative swing vote like retired justice Anthony Kennedy who had deciding votes in same sex-marriage, abortion access and affirmative action cases while on the court.
A conservative-majority court would still vote on issues and policies affecting HBCUs, with the power to order reversals of past judicial decisions and change how various schools conduct business, HBCU Digest reported.
For one, the court could have to vote on an Obama-era National Labor Relations Board decision allowing non-tenure-track faculty unionization after the issue makes its way through the lower courts. The conservative-majority court could overturn the decision, impacting the ability for schools to attract and retain full-time professors and making way for more of them to leave their schools without the ability to unionize, according to HBCU Digest.