The court entertained two theories. ssd trying read game installed steam says bell The ringleader was an admissions consultant, and the case did not directly implicate universities. Our tax ID is52-0799246. In the wake of the Black Lives Matter movement, universities have become obsessed with racial preferences to a degree that I have not seen in my 15 years in academia, he said. Get all the latest from Sanditon on GBH Passport, Welcome to a new Boston morning experience, How one Brookline studio helps artists with disabilities thrive. By definition, that means that it is very unlikely the gap is the result of chance. The U.S.Supreme Court issued several major decisions during its latest term, including rulings on abortion, guns and religion. Given the racial gap, Harvard should have to prove that its evaluation system is fair. A federal investigation known as Operation Varsity Blues revealed a sweeping scheme to get students admitted to prestigious universities as fake athletic recruits, or by cheating on college entrance exams, in exchange for bribes from wealthy parents. The case against Harvard accused it of discriminating against Asian American students by using a subjective standard to gauge certain character traits. The decision to revisit affirmative action comes as the credibility of elite university admissions is under assault from other directions. Get Directions.

Link to mtn to intervene brief (doc 30). The Supreme Courts decision to hear both cases may have been influenced by the differing legal regimes that apply to the two schools. In Biden v. Texas, the court ruled that the Biden administration may rescind the Trump-era Remain in Mexico program, which forces certain asylum seekers arriving at the southwestern border to await approval in Mexico. They studied the 91 most selective universities? Their amicus-plus status also permitted Students to file extended briefs on dispositive motions and submit student declarations and post-trial findings. It seems like nothing is more important than race anymore.. April 2018: The Students submitted a letter to the Court and participated in the hearing, discussing the treatment of confidential information at the summary judgment stage. SFFAs Monday brief is the first major filing since the court announced it would take up the cases. GBH News' Diane Adame contributed to this story. In an interview not long after the Texas case was decided, Justice Ginsburg said it would endure. Heres a look at some of the key cases: Abortion rights. In West Virginia v. Environmental Protection Agency, the court ruled against the E.P.A., limiting its ability to regulate carbon emissions from power plantsand making it much tougher for President Biden to achieve his climate goals. State Rep. Calls on University VP to Increase Transparency for Allston Multimodal Project, Harvard President Lawrence Bacow Made $1.1 Million in 2020, Financial Disclosures Show, Harvard Executive Vice President Katie Lapp To Step Down, 81 Republican Lawmakers File Amicus Brief Supporting SFFA in Harvard Affirmative Action Lawsuit, Duke Seniors Commencement Speech Appears to Plagiarize 2014 Address by Harvard Student. The federal judge, Allison D. Burroughs, wrote: the Court therefore concludes that the data demonstrates a statistically significant and negative relationship between Asian American identity and the personal rating assigned by Harvard admissions officers, holding constant any reasonable set of observable characteristics..

PwC Cloud and Digital Transformation BrandVoice, 4 Steps To Help Your Kids Build Smart Money Habits, How To Earn Cash Rewards For Everyday Spending. GBH News brings you the stories, local voices, and big ideas that shape our world. Grutter should be overruled, as it satisfies every factor that this Court considers when deciding to overrule precedent, the filing said. A new study from Georgetown Universitys Center on Education and the Workforce, though, found if applicants were admitted to the 91 most selective colleges based on test scores alone, the percentage of Asian Americans admitted would increase only slightly. In a press release Monday afternoon, SFFAs president, Edward J. Blum, wrote that the Harvard and UNC cases are rescue missions for the colorblind legal principles that hold together Americans of all races and ethnicities.. Chen echoes arguments of other frustrated Asian-American critics who are suing Harvard, whose holistic approach to evaluating applicants has in the past won praise from the Supreme Court. A federal judge ruled in favor of Harvard in a discrimination suit brought by Asian American [+] applicants. Polls have found conflicting levels of support for affirmative action. The reason that it is harder for Asian Americans to get into Harvard is that their personal ratings (a subjective evaluation of personal qualities) are, on average, significantly lower than for white applicants. As President Biden inches toward an announcement on federal student loan forgiveness, a new NPR/Ipsos poll has found slightly more than half of Americans support what has been reported to be Biden's likeliest path: forgiving up to $10,000 per person. Supporters of the lawsuit against Harvard dont buy it. Mass. But an overwhelming majority including a majority of those with student loans said the government should prioritize making college more affordable over forgiving existing student loans.

Because teacher and guidance counselor recommendation letters are among the most significant inputs for the personal rating, the apparent race-related or race-correlated difference in the strength of guidance counselor and teacher recommendations is significant. This seems like a smoking gun showing that Asian American applicants are victims of discrimination. When it uses a subjective tool such as counselor and teacher letters, it must now contend with the fact that they are biased against Asian Americans. College Admissions Shouldnt Be Either, Asian-Americans still need affirmative action if they wish to succeed. The district court denied full intervention but granted the students enhanced amicus plus status, permitting them to: submit briefs on dispositive motions; participate in any oral argument on dispositive motions; submit personal declarations and affidavits in support of race-conscious admissions; and, should the case proceed to trial, file a motion to participate in trial proceedings. Harvard, a private entity, must comply with a federal statute that bans race discrimination as a condition of receiving federal money; the University of North Carolina, which is public, must also satisfy the Constitutions equal protection clause. The court agreed in January to take up a pair of lawsuits filed by the anti-affirmative action group Students for Fair Admissions that claim Harvard College and the University of North Carolina discriminate against Asian American applicants. If the Supreme Court follows its usual practices, it will hear arguments in its next term, which starts in October. Lawyers for Harvard said the challengers had relied on a flawed statistical analysis and denied that the university discriminated against Asian American applicants. Will New EU Law Begin Holding Social Media To Account? Harvard University President Lawrence S. Bacow wrote in a statement after the court took up the case that considering race as one factor among many in admissions decisions produces a more diverse student body which strengthens the learning environment for all., Dane wrote that Harvard will continue to vigorously defend its admissions practices.. Harvard denies the claims, noting on its website that the percentage of Asian Americans in its admitted class has grown by more than 25 percent since 2010. That's fewer than 3,000 seats out of 120,000. The court must be aware of various stereotypes of Asian Americans as grinds and math geeks who lack personality. Justice Kennedy retired in 2018 and was replaced by Justice Brett M. Kavanaugh, and Justice Ginsburg died in 2020 and was replaced by Justice Amy Coney Barrett. I am a professor and publish on constitutional and educational issues. After a long blockade of President Barack Obamas nominee by Senate Republicans, Justice Scalia was replaced by Justice Neil M. Gorsuch. I dont expect that were going to see another affirmative action case, Justice Ginsburg said, at least in education.. The Lawyers Committees press release is available here. SFFA v. Harvard College is a lawsuit spearheaded by anti-affirmative action activist Edward Blum that seeks to eradicate over 40 years of established legal precedent, which allows colleges to consider the race of highly-qualified applicants in admissions to promote the benefits of diverse learning environments. The Lawyers Committee is a 501(c)(3) nonprofit. Selective universities like Harvard and U.N.C.-Chapel Hill have long struggled to admit students of color, who have over time been excluded for access to elite institutions and are historically marginalized, Mr. Hewitt said. Anthony Carnevale, a white economist who led the study, said his research found that under SAT-only admissions, the Asian-American presence at top colleges would increase by a net of two percentage points. Chinese Americans were the least likely ethnicity to support the practice, with 56 percent of them in favor. The only way you can explain Asian-American excellence is not through critical race theory or through race. Are you serious? said Kenny Xu, a D.C.-based writer who focuses on identity politics and is the author of the book An Inconvenient Minority: The Attack on Asian American Excellence and the Fight for Meritocracy. If Harvard didnt already know the letters were biased, it knows it now. The case against Harvard accused it of discriminating against Asian American students by using a subjective standard to gauge traits like likability, courage and kindness and by effectively creating a ceiling for them in admissions. The group behind the lawsuit, Students for Fair Admissions, however, is also suing the University of North Carolina at Chapel Hill and the University of Texas at Austin. The smallest minority is the individual, he said. The group suing Harvard and the University of North Carolina over their race-conscious admissions practices asked the United States Supreme Court to ban affirmative action in American higher education in a brief filed Monday, calling on justices to overturn precedents that allow universities to consider race as a factor in admissions. The courts new conservative supermajority may be skeptical of admissions programs that take account of race to foster educational diversity. Of note, the district courtsopinion repeatedly cited Students testimony to conclusively find racial diversity produces vital benefits at Harvard, and racial identity is critical for fairly evaluating highly-talented students of all backgrounds. The U.S. Supreme Court is set to take up a challenge to Harvard College's race-conscious admissions process in the fall. Thedecision resolved the remaining counts, holding that Harvard did not intentionally discriminate against Asian Americans through any aspect of its admissions policy; Harvard did not engage in racial balancing; and Harvards policy was narrowly targeted and necessary to harness the benefits of a diverse student body. Xu asserts Asian Americans put a high priority on education and test-taking. They just compare you to other people in this ethnic group. Harrison Chen doesn't like to brag, but the 21-year-old son of Chinese immigrants graduated at the top of his high school class and logged almost perfect scores on the SAT. Were alleging discrimination by the most highly selective universities, Xu said. I was president of the school's prayer group and I was deferred and then rejected from Princeton even though there are many kids who were of a different race who got in with I guess you would call it, inferior objective metrics, Xu said. The full decision is here. . But the Wars Not Over, Im An Asian-American Harvard Student Heres Why I Testified In Support Of Affirmative Action, Harvard Student Defends Affirmative Action, The American Dream Isnt Color Blind. The Lawyers Committee represents the Students with co-counsel from Asian Americans Advancing Justice Center (AAJC), Bostons Lawyers For Civil Rights, and Arnold & Porter. Harvard and the University of North Carolina said in statements that the decision to hear the cases would jeopardize what has become a fundamental principle of college admissions. However, the Judge also held that the plaintiffs could not prove that the lower personal ratings are the result of animus or ill-motivated racial hostility towards Asian Americans by Harvard admissions officials. Writing for the majority, Justice Anthony M. Kennedy said that courts must give universities substantial but not total leeway in devising their admissions programs. AAAJs press release and motion are available here. He was joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor. But Kenneth L. Marcus, who served as assistant secretary for civil rights at the Education Department in the Trump administration, said Harvards treatment of Asian students was reminiscent of its efforts to limit Jewish enrollment. It is through culture.. Second Amendment. If whites were so intent upon protecting their supremacist structure, why did they allow Asian-Americans to do better than them on SATs, to go to college at higher rates than them, to be more financially successful than them? he asked rhetorically. They just lumped me into the Asian category, and the data quite clearly shows that, Chen said, charging without evidence undergraduate admissions officers there were not willing to look at us as individuals.. The opening argument on behalf of Students is available here.

The cases will test the newly bolstered conservative majoritys commitment to precedent. The vote was 4 to 3. and Cass, Orange Line train catches fire with 200 passengers aboard, A no-fault eviction sends a Weymouth teacher to the brink of homelessness. Climate change. The university responded that its admissions policies fostered educational diversity and were lawful under longstanding Supreme Court precedents. School prayer. Support GBH. In the 99-page filing, SFFA called on justices to overturn Grutter v. Bollinger, the Supreme Courts 2003 decision that said the University of Michigan Law School could consider race as a factor in its admission process. Opinions expressed by Forbes Contributors are their own.

You may opt-out by. In an emailed statement, Harvard College spokesperson Rachael Dane defended the schools admissions process. Bacow, 70, took over as president in 2018. SFFA seeks to ban Harvard and other colleges from consideringor even knowingthe race of its applicants. Asian Americans cannot be expected to prove that they have personalities that are as admirable as whites. Follow us so you don't miss a thing! (Justice Antonin Scalia had died a few months before, and Justice Elena Kagan was recused.). The Texas decision essentially reaffirmed Grutter v. Bollinger, a 2003 decision in which the Supreme Court endorsed holistic admissions programs, saying it was permissible to consider race as one factor among many to achieve educational diversity. A decision is not likely until the spring or summer of 2023. The court is now poised to act well before Justice OConnors deadline. This leaves the question of why Asian American applicants were being deemed to have, on average, poorer personal qualities than white applicants. Instead, the plaintiffs relied on statistics, arguing the school's admissions officers methodically hold Asian Americans to higher standards. On the other hand, Asian Americans are doing quite well in education., That level of achievement results in part, she explains, from many new Asian immigrants many of whom are from India or China that are largely professionals coming through high-skilled immigration visas.. The Students presented opening argument, closing argument, and offered the testimony of four witnesses. In many Asian countries, college admissions are done in rank order by test score although India has quotas for low-caste applicants, a constitutionally authorized practice that is controversial with upper caste Hindus. Students for Fair Admissions (SFFA), the named organizational plaintiff created by Blum, claims Harvards race-conscious admissions policy unlawfully discriminates against Asian-American applicants in violation of Title VI of the Civil Rights Act of 1964. If you did this purely on the purest academic metric that we have, for all its flaws, there's no gain here. WASHINGTON The Supreme Court agreed on Monday to decide whether race-conscious admissions programs at Harvard and the University of North Carolina are lawful, raising serious doubts about the future of affirmative action in higher education. The Students closing argument is available here, along with the closing slide-deck here. In June, the justices deferred a decision while they await an opinion from the Justice Department under President Joe Biden. But it said the schools violate current federal law regardless of the 2003 ruling. Immigration.

SFFA first sued Harvard in 2014, alleging that the Colleges race-conscious admissions process violates the Civil Rights Act of 1964, which prohibits institutions that receive federal funds from discriminating on the grounds of race, color, or national origin. Two lower courts, Staff writer Rahem D. Hamid can be reached at, Staff writer Nia L. Orakwue can be reached at, agreed in January to take up a pair of lawsuits, Supreme Court Nominee Ketanji Brown Jackson 92 Pledges to Recuse Herself from Harvard Affirmative Action Case, Supreme Court to Take Up Challenges to Affirmative Action at Harvard, UNC, SFFA Petitions Supreme Court to Hear Harvard and UNC Cases Together, No Persuasive Evidence: Harvard Files Brief Opposing Students for Fair Admissions Petition to SCOTUS, Biden Administration Backs Harvard in Admissions Lawsuit. Affirmative action has repeatedly been administered last rites during the last five decades, said Justin Driver, a law professor at Yale. May 14, 2020: Harvard files its response appellate brief with the First Circuit. People don't care about what you have to say or what youve achieved. In the North Carolina case, the plaintiffs made a more familiar argument, saying the university discriminated against white and Asian applicants by giving preference to Black, Hispanic and Native American ones.

Judge Burroughs decision is available here. As a subscriber, you have 10 gift articles to give each month. The possibility of a ruling that would either restrict or prohibit race as a consideration in admissions would reverberate widely across higher education and could fundamentally reshape college admissions in the years to come. More than 40 years of Supreme Court precedent have held that race can be one of many factors considered in college admissions, she wrote. October 2018: Trial held before Judge Burroughs in Bostons federal district court. Oral argument before the First Circuit took place on September 16, 2020. February 18, 2020: SFFA files its opening appellate brief with the First Circuit. The First Circuit issued a scheduling order for the parties and amici to submit briefs over Spring 2020. Stream GBH's Award-Winning Content For Parents And Children. The District Court dismissed two counts before trial: that Harvard was prohibited from considering race in any manner in admissions and that Harvard was prohibited from considering race beyond the last few admissions decisions. Still, Harvard rejected his application. More generally, they said race-conscious admissions policies are lawful. Judge Burroughs wrote that: It is possible that the self-selected group of Asian Americans that applied to Harvard during the years included in the data set used in this case did not possess the personal qualities that Harvard is looking for at the same rate as white applicants . The Students brief is available here.

.. Produced in Boston, shared with the world. But U.S. District Court Judge Allison Burroughs and the 1st Circuit Court of Appeals in Boston ruled Harvard does not discriminate against Asian Americans, who account for 24 percent of Harvards latest class and just 6 percent of high school graduates. There is no question that Asian American students face a disadvantage in gaining admission to Harvard. And in 2020, California voters refused to overturn a state ban on consideration of race, ethnicity and gender in public higher education and government jobs and contracts. When we look at national surveys of Asian Americans, a majority of Asian Americans support affirmative action, Warikoo said. Such a ruling would, all concerned agree, also likely reduce the number of Black and Latino students at nearly every selective college and graduate school, with more Asian American and white students gaining admission instead. Listen Live: Classic and Contemporary Celtic, Listen Live: Cape, Coast and Islands NPR Station, As Supreme Court Weighs Harvard Admissions Case, Two Asian Americans Speak Out And Allege Bias, Biden tests positive for COVID and shows mild symptoms, White House says, Top takeaways from the Jan. 6 select committee hearings, Candidates clash in debate over policing at Mass. While Asians, on average, have better scores, the study finds 21 percent of Asian-American applicants who were previously admitted would no longer be because some, in fact, benefit from colleges considering race in admissions. The Students letter is available here. As in recent cases on abortion, there are reasons to think that the majority will not hesitate to overrule major precedents if it views them to be egregiously wrong.

Every college applicant should be judged as a unique individual, not as some representative of a racial or ethnic group.. Lee C. Bollinger, the president of Columbia University, drew the opposite lesson from the national debate over racial justice. That percentage seems to be declining slightly among Chinese Americans.. Under Donald Trump, the department sided with the Asian American plaintiffs. Asian Americans are incredibly diverse, said Natasha Warikoo, who teaches sociology at Tufts University and writes in her book The Diversity Bargain about how students at selective colleges think about merit and race.

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