Harvard and Affirmative Action: Will Affirmative Action Cease to Exist?

Summary of the Case: Students for Fair Admissions v. Harvard

Harvard University, a well known Ivy League school, was in the midst of controversy surrounding a lawsuit. A group of Asian-American students who were rejected by the University sued Harvard. The case itself involves a white man suing on behalf of Asian-American students who wanted to remain anonymous. The group of Asian-American students believed that Harvard put a cap on the number of Asian students in order to promote diversity. The case focused on whether the University violated the Civil Rights Act by discriminating against Asian-Americans. The Students for Fair Admission (plaintiffs) argued that race should be removed from the application process and that Harvard caps the number of Asian-American students who are accepted into the University. However, Harvard University (the defendant) argues that ‘there is no cap against Asian-American students’ and that their admission process is necessary to promote diversity among its student body.

The Outcome of the Case:

Federal Court judge Allison Burroughs ruled in favor of Harvard University says that “the Court finds no persuasive documentary evidence of any racial animus or conscious prejudice against Asian Americans.”  While also criticizing Harvard’s admission process by saying, “it is not perfect… ensuring diversity relies on race conscience admissions”. Harvard’s president Lawrence Bacow supporting Judge Burroughs’s decision made a statement reaffirming Harvard’s values in promoting diversity. This case has stirred a lot of controversies and might have the potential to reach the Supreme Court of the United States (SCOTUS). The plaintiff of this case wrote an appeal to the court’s decision. Which, if granted, might be taken to the Supreme Court for further evaluation. Many fear that if this case is brought up to SCOTUS, that Affirmative Action might disappear. With the Supreme Court having a majority of Conservatives, people have pointed to the fact that race-conscious admissions might be banned. As mentioned in the last blog post, the Justice Department is planning to investigate and sue colleges and universities that are using race-conscious admissions that discriminate against white students. And, this is a part of Trump’s plan, which basically reverses all of Obama’s pass affirmative action policies that encourage race-conscious admissions to promote racial diversity.   

My Opinion Behind the Case:

I agree that race should be considered when trying to racially diversify colleges or universities. However, I do not agree that colleges or universities should use quotas in attempts to diversify its campus. And given the summary and outcome of this specific case, I do believe that this case will reach the Supreme Court’s docket. Do I think that SCOTUS would reverse the judicial decision? I honestly cannot give a firm yes or no answer. But, using Fisher v. University of Texas ruling and predicting what SCOTUS might rule in Students for Fair Admissions v. Harvard, I do believe that the majority rule would favor Students for Fair Admissions. The case Fisher v. University of Texas focuses on whether the University of Texas use of race as a consideration for admission a violation of the Equal Protection Clause of the Fourteenth Amendment. The Court ruled that the University did not violate the Equal Protection Clause of the Fourteenth Amendment. Also, this case was lead by a 4-3 majority-Justice Elena Kagan did not participate in the discussion or decision of this case.    

Published by isagilbe20

Isabella is a Government and Politics major, and also has a minor in Human Rights Advocacy. She attends Utica College and is pursuing a degree in that major. She plans to become a legal representative and or lawyer in the future. Her passion for civil reform is rooted deep in her family. She is among the few members of her family who are actively furthering their education. Growing up, in a heavily populated community she has witnessed many injustices her family and those around her have experienced. That has pushed her to exceed beyond expectations and to rise beyond societal limitations. She is a member of the Black Student Union and the National Society of Leadership and Success at Utica College.

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