Harvard wins admissions case 鈥 Supreme Court appeal likely
A judge ruled that Harvard鈥檚 admissions process might be flawed, but it doesn鈥檛 discriminate against Asian Americans. Plaintiffs promise to appeal.
A judge ruled that Harvard鈥檚 admissions process might be flawed, but it doesn鈥檛 discriminate against Asian Americans. Plaintiffs promise to appeal.
Harvard University does not discriminate against Asian Americans in its admissions process, a federal judge ruled Tuesday in a lawsuit that reignited a national debate over affirmative action.
U.S. District Judge Allison D. Burroughs said in her decision that Harvard鈥檚 admissions process is 鈥渘ot perfect鈥 but passes constitutional muster. She said there is 鈥渘o evidence of any racial animus whatsoever鈥 and no evidence that any admission decision was 鈥渘egatively affected by Asian American identity.鈥
The group behind the suit, Students for Fair Admissions, says it will appeal the decision.
鈥淪tudents for Fair Admissions is disappointed that the court has upheld Harvard鈥檚 discriminatory admissions policies,鈥 Edward Blum, the group鈥檚 president, said in a statement. 鈥淲e believe that the documents, emails, data analysis, and depositions SFFA presented at trial compellingly revealed Harvard鈥檚 systematic discrimination against Asian-American applicants.鈥
Harvard did not immediately provide comment.
Both sides have been readying for a possible review by the Supreme Court, which last examined affirmative action in 2016 and upheld the practice at the University of Texas.
In the case at Harvard, the group argued that Asian Americans were held to a higher standard in admissions, amounting to an 鈥淎sian penalty,鈥 while the school gave preference to black and Hispanic students with poorer grades.
Much of the suit centered on a subjective 鈥減ersonal rating鈥 that Harvard assigns to applicants. The suit argued that Asian Americans consistently receive lower personal ratings because of racial bias, leading many to be rejected despite having strong academic records.
The group built its case around a statistical analysis using six years of Harvard admissions data. It found that Asian Americans had the lowest personal ratings and the lowest admission rates, while black and Hispanic fared far better in both areas.
Harvard countered with its own analysis finding no evidence of bias. During the trial, the dean of admissions offered possible reasons to explain the low personal rating for Asian Americans, saying they may come with weaker letters of recommendation than other students.
Both sides clashed over of a 2013 internal report at Harvard examining race in admissions. It found that if the school weighed applicants based on academics alone, 43% of the admitted class would be Asian American, while in reality, it was 19%.
Students for Fair Admissions said the report was proof Harvard knew about racial inequality but did nothing to correct it. Harvard said the report was only meant to be 鈥渆xploratory鈥 and was based on incomplete data.
Like many elite colleges, Harvard acknowledges it considers race in admissions but says it鈥檚 only one of many factors.
The trial offered a rare glimpse into Harvard鈥檚 secretive admissions process, including the ways it favors wealth and privilege. In a series of emails released in the case, some Harvard officials openly discussed the fundraising prospects of applicants.
In one email chain, a fundraising official advised the dean of admissions on an applicant whose family previously had given $8.7 million. Despite that generosity, the official said, the family wasn鈥檛 likely to give 鈥渇urther major gifts.鈥
The judge鈥檚 decision provides at least temporary relief for other colleges that consider race and have been watching the case closely. Many elite schools consider race as a way to boost diversity, although the practice is banned in some states.
Harvard has called Students for Fair Admission a political group with no real interest in helping Asian Americans. Mr. Blum, the group鈥檚 leader, is a legal strategist who has orchestrated lawsuits to ban affirmative action at other colleges.
During the trial, no students testified that faced discrimination by Harvard. The group says it has more than 20,000 members, including one Asian American who was unfairly rejected in 2014, but none have come forward publicly.
Along with Mr. Blum, the group鈥檚 leaders include Abigail Fisher, who sued the University of Texas in a case that went to the Supreme Court in 2016. Ms. Fisher said she was rejected because she鈥檚 white, but the court issued a 4-3 decision upholding the school鈥檚 use of race.
Previous Supreme Court decisions have allowed colleges to consider race as long as it鈥檚 鈥渘arrowly tailored鈥 to promote diversity. Racial quotas have been ruled unconstitutional, but the court has permitted policies that use race as a 鈥減lus factor.鈥
The Trump administration has fought affirmative action at several schools. In August 2018, the Justice Department issued a statement siding with Students for Fair Admissions, accusing Harvard of 鈥渙utright racial balancing.鈥 It鈥檚 also investigating the use of race at Yale University.
Students for Fair Admissions has also sued the University of North Carolina, Chapel Hill, over alleged discrimination against Asian American applicants. That suit, also filed in 2014, is still ongoing.
This story was reported by The Associated Press.