here's abc's devin dwyer. >> we are going to continue to defend diversity!ate over race and higher education. >> i want to see the discrimination against asian american college applicants end. >> reporter: as the supreme court conservative majority took aim at 40 years of legal precedent. two cases against harvard and the university of north carolina alleging discrimination against asian american applicants. asking the justices to declare an end to affirmative action and ban the use of race in college admissions nationwide. >> these students and parents say that the use of race has intentionally discriminated against asian american students and is both a plus factor for some students about ought minus factor for others. >> higher education has come before this court again and again over the decades. but only now is there a conservative super majority that is energized and has shown that it is ready and willing to overturn precedents that are decades old, settled law. >> we trust women! we won't go back! >> reporter: this case comes just months after the cour

here is abc's devin dwyer. ♪ >> we actually planned to have the two kids that we have, and we thoughte. and then we just had a calling in our heart to open our home to other children. >> reporter: when jennifer and chad brackeen of fort worth, texas became foster parents in 2015, they knew their home with would be a short-term refuge for children in need. what's life like at the brackeen home? >> we're a very active family. we love the outdoors. when you're in a big family, that's the beauty of it. you're never bored. >> reporter: in 2016, they got a call to take in a 10-month-old boy who happened to be native american. >> they did tell us it was going to be a temporary placement because they would be looking for a native family. >> okay. >> to transition. >> fast forward a year later, he is doing great in our home. he fits right in with our family. we're just a big loving family. >> bring me to the point when you decided let's adopt him. >> i think the bonding, you know, when you see a child that's thriving in your home, that's when the fear sets in of oh, there is potential for some

devin dwyer joins us now with more from the supreme court. , the indian child welfare act has been celebrated by native american communities for years for keeping children connected to their tribes. but now one texas family wants the justices to strike it down and make it easier for nonnative families to adopt nativeerican >> if we lose, she could be taken away. >> reporter: dr. jennifer brackeen and her husband chad are in a fight to keep their family together and finalize adoption of a native american girl they fostered for years. >> culture considerations are a challenge for every adoptive family no matter what race they are or what race their children are. >> reporter: from native foster children, those cultural considerations also have a legal dimension. since 1978 the indian child welfare act has set rules for who can adopt native american kids giving preference to tribal families over nonnative families. >> the interest in a young tribal citizen, the child in staying with her tribe, is a high interest. >> reporter: the tribes say it's c