In upholding a landmark measure meant to keep adopted American-Indian children with tribal families, the Supreme Court again declined to embrace a colorblind view of federal law.

The conservative argument that race should almost never be a factor in setting and interpreting federal law hasn’t fared well this term. But that could change with decisions pending in challenges to affirmative action at Harvard and the University of North Carolina.

In a 7-2 ruling on Thursday in Haaland v. Brackeen that kept in place the decades-old Indian Child Welfare Act, the justices dismissed race-related claims on technical grounds.

And the color-blind arguments were explicitly rejected in the justices’ surprise ruling June 8 in Allen v. Milligan. The 7-2 court there said claims under the Voting Rights Act didn’t have to be “race-neutral.”

But Cases and Controversies host Kimberly Robinson and Lydia Wheeler explain why the outcome could be different the affirmative action cases, which the court is expected to hand down before the end of June.

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