The Supreme Court will decide this week whether to take up a case challenging Harvard University’s discriminatory admissions process against Asian Americans — an especially relevant topic amid a spate of anti-Asian violence. The justices ought to take up the case and make it clear that any form of discrimination, even the kind done in the name of “diversity,” is anti-American and unethical.
The case, Students for Fair Admissions v. Harvard, was brought to the court’s attention after a conservative advocacy group appealed the U.S. Court of Appeals for the 1st Circuit’s ruling that Harvard does not discriminate. Students for Fair Admissions originally sued the university in 2014, providing evidence that Harvard judges Asian American students by different standards in order to boost the admission chances of other minority applicants.
One chart provided by the group shows that, based on Harvard’s admissions statistics, a black applicant in the bottom 40% for academic performance has a higher chance of being admitted than an Asian American applicant in the top decile:
Screen Shot 2021-05-27 at 11.12.19 AM.pngThis is standard practice among major universities thanks to Grutter v. Bollinger, a 2003 case that found colleges can factor race into the admissions process. As a result of this decision, Asian American students regularly find themselves on the losing end of affirmative action. A Justice Department investigation last year, for example, found that Yale University also illegally holds Asian Americans’ race against them with little regard for their academic qualifications.
Students for Fair Admissions is rightly asking the Supreme Court to overturn Bollinger. Affirmative action is a toxic policy that undercuts the very principle of equality. It allows schools such as Harvard and Yale to judge students by the color of their skin instead of the substance of their applications. And the only reason this practice isn’t considered racist is because it’s done in the name of “equity and inclusion.”
The justices might be tempted to punt this case because race is such a politically fraught topic, especially right now. But that’s exactly why they must take it up. The Left is hell-bent on bringing back racial separatism as a kind of vindication for wrongs committed in the past, no matter how divisive it might be. We’re already seeing this play out: Columbia University held separate graduation ceremonies for its different ethnic groups. Chicago Mayor Lori Lightfoot wants to give interviews only to minority journalists. Vermont officials passed a policy that determines coronavirus vaccine eligibility by race.
This trend will continue unless the Supreme Court uses its moral and legal authority to set the standard for the rest of the nation. That standard should be simple: As a nation, we should judge individuals based on who they are, not their skin color or place of origin. There are a lot of people that need to be reminded of that — Harvard University included.
