Chief Justice Roberts wrote the opinion in Shelby County v. Holder, a 2013 decision that gutted a key portion of the Voting Rights Act.
If Judge Burroughs found Harvard’s policies weak in any area, it may have been on the question of whether implicit bias was a factor in the admissions process.
She said it was conceivable that the unintentional biases of admissions officers, and of guidance counselors and teachers who write student recommendations, could affect the process.
“But the idea of implicit bias is that they’re still lingering and people may not even know it.
“It may offer them an opening to make that argument on appeal,” Professor Tobias said.