Supreme Court Asked To Hear Harvard Anti-Asian Discrimination Case
Added 02-26-21 09:38:02pm EST - “Petition for a Writ of Certiorari: "If [the First Circuit] decision stands, then universities can use race even if they impose racial penalties, make backward-looking racial adjustments, ignore critical mass, eschew sunset provisions,…” - Legalinsurrection.com
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Petition for a Writ of Certiorari: “If [the First Circuit] decision stands, then universities can use race even if they impose racial penalties, make backward-looking racial adjustments, ignore critical mass, eschew sunset provisions, and identify no substantial downsides to race-neutral alternatives. The Court’s precedent does not allow this unbridled use of race.”
A group called Students for Fair Admissions (SFFA) sued Harvard University alleging discrimination against Asian-Americans in admissions through the use of soft factors.
We covered the lawsuit since it’s inception in 2015, through the trial court decision favoring Harvard, and onto the appeal in which the Trump administration supported the Asian American students, and then the appeals court ruling in Harvard’s favor:
We covered the appeal decision in detail, noting that there was no real dispute that Harvard discriminated, as the appeals court acknowledged:
A race-conscious admissions program is not narrowly tailored if a university uses it despite workable race-neutral alternatives. See Fisher I, 570 U.S. at 312. The district court found that eliminating race as a factor in admissions, without taking any remedial measures, would reduce African American representation at Harvard from 14% to 6% and Hispanic representation from 14% to 9%. SFFA II, 397 F. Supp. 3d at 178. It found that at least 10% of Harvard’s class would not be admitted if Harvard did not consider race and that race is a determinative tip for approximately 45% of all admitted African American and Hispanic students. Id.
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