The nomination of Judge Ketanji Brown Jackson to the Supreme Court has raised questions about her ability to objectively rule on an affirmative action case coming before the Court during the 2022-2021 term involving Harvard University where she serves as a member of the board of overseers:

After Justice Stephen Breyer retires from the bench later this year, the Supreme Court is poised to hear arguments this fall in one of the most significant cases before the court regarding race-based admissions policies at Harvard and the University of North Carolina at Chapel Hill. If the Senate does confirm Jackson to succeed Breyer, her involvement on Harvard's board of overseers would raise questions regarding the Judicial Code of Conduct, which instructs judges to "avoid even the appearance of conflicts or bias," Turley wrote in an op-ed for the Hill on Tuesday.

The U.S. Supreme Court announced on Monday that it will hear two separate challenges to race-based admissions policies at Harvard University and the University of North Carolina. The National Review reported:

The Court will hear challenges by non-profit Students for Fair Admissions against Harvard University and the University of North Carolina. The group alleges that Harvard discriminates against Asian applicants, and that UNC uses race in admissions even though “race-neutral alternatives can achieve diversity.”