A case by Asian-American prosecutors can now be taken to the Supreme Court, which has been the goal of groups seeking to end affirmative action
A federal appeals court ruled on Thursday that the Harvard admission process does not violate civil rights law, supporting a lower court ruling dismissing claims that the college was discriminating against Asian Americans by making them have higher standards than other applicants
Prosecutors pledged to refer the case to the Supreme Court, where a strong 6-3 conservative majority is expected to be open to reconsideration 40 years of precedent allowing universities to participate in affirmative action
« We haven’t lost our hope, » said Edward Bloom, head of students for fair admission, a conservative legal process group representing a number of Asian American students who brought the case after it was rejected by Harvard University. « This lawsuit is now on its way to the United States’ Supreme Court, where we’re going to ask judges to end unjust and unconstitutional admission policies based on race at Harvard and all colleges and universities »
This case is among the many positive, offensive actions that are expected to proceed in the courts even after the Trump administration, which had supported efforts to end admission policies based on race, leaves office and includes litigation brought by Mr. Bloom’s team against the University of North Carolina The University of Texas
In the Harvard case, plaintiffs argued before a federal judge in 2018 that a statistical analysis of more than 160,000 student records showed that the Admissions Office ranked Asian-American applicants less well on personality traits such as attractiveness and kindness. Plaintiffs argued that the evaluations were punishment against applicants. , Who have scored higher than any other racial or ethnic group on measures such as test scores, grades, and extracurricular activities
Harvard University responded with an expert witness who said that the plaintiffs ‘statistical model is flawed, and argued that its admission process takes into account many intangible things, such as the applicants’ personal stories and special talents, and cannot be reduced to some variables
Getting into Harvard is a challenge for nearly anyone the university accepts only 46 percent of applicants in 2018, the year the trial trial took place – an examination of its inner workings in court revealed how the school was awarding benefits to many groups of applicants, including athletes. Recruiters, Legacies (Sons of Harvard Alumni), Sons of Rich Donors, Notables, and University Staff
The testimony also revealed that Harvard University valued some of the applicants ’personal characteristics, such as“ passion, philanthropy, maturity, and strength of character ”
But the district court ruled that Harvard University’s admission practices did not constitute intentional discrimination, a decision that was upheld Thursday by the U.S. Court of Appeals for the First Circuit in Massachusetts
Although different statistical models showed that Asian-American students had a slightly lower chance of admission to Harvard compared to similarly qualified white students, the margin was minimal, the appeals court said and also rejected the plaintiffs’ argument during the trial that the Office of Admissions Harvard has been affected by « implicit bias, » or unconscious racial profiling.
“There was ample non-statistical evidence indicating that Harvard admissions officers did not engage in any racial stereotypes,” the court said in a 104-page ruling
Derek W. Black, professor of constitutional law at the University of South Carolina, said it was clear that the appeals court understood the national implications of the case and the likelihood that it would end up in the Supreme Court
“In a very systematic and very accurate decision,” he said, the court “passed all the speeches of those attacking the Harvard Affirmative Action Plan to find that there was no shortcut there. Harvard University has accepted the book by way of the book”
« Today’s decision finds once again that Harvard University’s admission policies are in line with Supreme Court precedent, and legally and appropriately pursue Harvard’s efforts to create a diverse campus, » said Harvard spokeswoman Rachel Dean, adding, « As we have said time and time again, now. Not the time to turn the clock back on diversity and opportunity. ”
Harvard University Affirmative Action, Court of Appeals, United States Court of Appeals for First Circuit
World News – United States – Harvard does not discriminate in admission, appeals court rules
