The Supreme Court on Monday invited the Biden administration to offer its opinion in a case deciding whether Harvard University’s admissions process unfairly discriminates against Asian Americans.
The court issued its statement in an unsigned order as it continues to determine if it will hear arguments in the case this fall. The case, which was brought forward by the advocacy group Students for Fair Admissions, is the highest-profile challenge to affirmative action currently before the Supreme Court.
SUPREME COURT TO CONSIDER CASE ACCUSING HARVARD OF ANTI-ASIAN DISCRIMINATION
The court announced in May that it would consider the case for arguments when the group appealed a decision from the U.S. Court of Appeals for the 1st Circuit. Students for Fair Admissions first sued Harvard in 2014, claiming that the school violates Title VI of the Civil Rights Act of 1964 by holding Asian students to different standards than other racial groups. These included judging Asians on the basis of “likability,” “courage,” and “kindness” rather than academic performance.
When the case was before lower courts, the Trump administration supported Students for Fair Admissions. Justice Department officials wrote in an amicus brief that Harvard had essentially admitted that the process was biased against Asians.
“Harvard concedes that eliminating consideration of race would increase Asian-American admissions while decreasing those of Harvard’s favored racial groups,” lawyers for the administration wrote. “The resulting racial penalty stems in part from one component of Harvard’s admissions rubric — a nebulous and entirely subjective ‘personal rating’ — that consistently and inexplicably produces poorer scores for Asian Americans than for other applicants.”
The Biden administration has not expressed an opinion in the case.
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Earlier this year, however, in a similar case concerning Yale University’s admissions process, the Biden administration dropped support for the group suing the university. Harvard President Lawrence Bacow, in response, told the Harvard Crimson that he hoped the Biden administration would behave similarly in the Harvard case.
“I was pleased when the Justice Department dropped the Yale lawsuit, and I would certainly hope that they would support our position on affirmative action should the case go to the Supreme Court,” Bacow said.
