The Supreme Court will consider taking up a case this week in which a student advocacy group is accusing Harvard University of anti-Asian discrimination in its admissions process.
Students for Fair Admissions, a conservative advocacy group, appealed to the high court in February, after the U.S. Court of Appeals for the 1st Circuit ruled that Harvard does not discriminate. The group originally sued the university in 2014, claiming that the school violates Title VI of the Civil Rights Act by holding Asian students to different standards. These included judging Asians on the basis of “likability,” “courage,” and “kindness” rather than academic performance for admissions.
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In the group’s petition to the Supreme Court, attorneys for Students for Fair Admissions called Harvard’s conduct toward prospective Asian students “appalling.” The group asked the court to overturn Grutter v. Bollinger, a 2003 case that found that colleges can factor race into the admissions process.
“Grutter‘s core holding—that universities can use race in admissions to pursue student-body diversity—is plainly wrong,” attorneys wrote, adding that the case presented an opportunity for the court to punch a hole in affirmative action.
Harvard, in a brief filed last week, pushed back against Students for Fair Admissions, accusing the group of using the case to score political points.
The case became a political football during the Trump administration. The Trump administration filed an amicus brief last year supporting Students for Fair Admissions and criticizing Harvard for its alleged admissions practices.
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“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.”
On Tuesday, the court scheduled the case for its Thursday conference. If at least four justices agree to take it up, the case would be heard as early as next fall.
