DOJ Sides With Asian-American Students In Lawsuit Against Harvard

BOSTON, MA - JULY 26: The campus of Harvard Business School and Harvard University, July 26, 2016 in Boston, Massachusetts. Harvard, one of the most prestigious business schools in the world, emphasizes the case... BOSTON, MA - JULY 26: The campus of Harvard Business School and Harvard University, July 26, 2016 in Boston, Massachusetts. Harvard, one of the most prestigious business schools in the world, emphasizes the case method in the classroom. (Photo by Brooks Kraft/Corbis via Getty Images) MORE LESS
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WASHINGTON (AP) — The Justice Department on Thursday sided with Asian-American students suing Harvard University over the Ivy League school’s consideration of race in its admissions policy, the latest step in the Trump administration’s effort to encourage race-neutral admissions practices.

The Justice Department said in a court filing Thursday that the school has failed to demonstrate that it does not discriminate on the basis of race and cited what it described as “substantial evidence that Harvard is engaging in outright racial balancing.”

The department’s “statement of interest” was in a case filed in 2014 by Students For Fair Admission, which argues that one of the world’s most prestigious universities discriminates against academically strong Asian-American applicants. Harvard fired back, saying that it does not discriminate against students and will fight to defend its right to use race as a factor in admissions.

The Supreme Court permits colleges and universities to consider race in admissions decisions, but says it must be done in a narrowly tailored way to promote diversity and should be limited in time. Universities also bear the burden of showing why their consideration of race is appropriate.

But in Harvard’s case, Justice Department officials said, the university hasn’t explained how it uses race in admissions and has not adopted meaningful criteria to limit the use of race.

Attorney General Jeff Sessions said, “No American should be denied admission to school because of their race.”

Harvard said it was disappointed by the Justice Department’s “recycling the same misleading and hollow arguments that prove nothing more than the emptiness of the case against Harvard.”

“Harvard does not discriminate against applicants from any group, and will continue to vigorously defend the legal right of every college and university to consider race as one factor among many in college admissions, which the Supreme Court has consistently upheld for more than 40 years,” the university said in a statement. “Colleges and universities must have the freedom and flexibility to create the diverse communities that are vital to the learning experience of every student.”

Sessions argued the school’s use of a “personal rating,” which includes highly subjective factors such as being a “good person” or “likeability,” may be biased against Asian-Americans. Sessions said the school admits that it scores Asian-American applicants lower on personal rating than other students. Sessions also argued that Harvard admissions officers monitor and manipulate the racial makeup of incoming classes.

Edward Blum, president of SFFA, hailed the administration’s action. “We look forward to having the gravely troubling evidence that Harvard continues to keep redacted disclosed to the American public in the near future,” he said.

The Justice Department’s court filing opposes Harvard’s request to dismiss the lawsuit before trial.

“Harvard’s failure to provide meaningful criteria to cabin its voluntary use of race, its use of a personal rating that significantly harms Asian-American applicants’ chances of admission and may be infected with racial bias, and the substantial evidence that Harvard is engaging in outright racial balancing each warrant denial of Harvard’s Motion for Summary Judgment,” the department said in the filing.

The department is separately investigating Harvard’s admissions policies, a probe that could also result in a lawsuit.

The filing follows a July decision by the Justice and Education departments to abandon Obama-era guidelines that instructed universities to consider race in their admissions process to make the student body more diverse. Democrats criticized the decision, saying that the Trump administration was taking away protections for minorities.

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  1. Avatar for reggid reggid says:

    Not saying this issue is without any complexity, but anyone who thinks the Trump/Sessions DOJ is doing this for noble reasons is on crack. This is part of their concerted effort to undermine affirmative action and racial justice, period.

  2. Avatar for paulw paulw says:

    If it keeps blacks and hispanics from getting into harvard, DoJ will even make common cause with asians.

  3. Sessions argued the school’s use of a “personal rating,” which includes highly subjective factors such as being a “good person” or “likeability,” may be biased against Asian-Americans.

    Um, and THIS is what Asian-Americans want supporting their arguments???

  4. Avatar for massie massie says:

    Pardon me, because I am fully in support of reducing bias against Asian-Americans, and I don’t want to be insensitive to their legitimate concerns.

    But this whole thing seems like a thinly-veiled attempt by white folks to latch on to Asian-American inequality issues as a way to destroy diversity initiatives for ALL ethnic and racial minorities. Like, “finally we can get rid of affirmative action without seeming to be racist!”

    Pitting minority groups against each other is an age-old technique. I hope it doesn’t work here. It seems like the result they are asking for would only increase the advantage for white students. If I’m wrong about that, please enlighten me…

  5. They had better be careful what they wish for. Every year a number of students are admitted to Harvard on a legacy basis - there was one mediocrity in my class who was an 11th generation admission. If they have to put more and more emphasis on pure academic measures and want to continue to have a diverse student body it’s likely not Blacks and Hispanics who will get cut out as Asians increase. How do they think that W. Bush made it into Yale, which is more a republican bastion, or trump into Wharton? Demonstrably not on academic merit.

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