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Supreme Court delays challenge to Harvard affirmative action policies for several months – Atlanta, Georgia

Atlanta, Georgia 2021-06-14 10:50:12 –

Overview of the US Supreme Court held in Washington, DC on June 30, 2020.
(Photo by Stephanie Reynolds / Getty Images)

The Supreme Court on Monday effectively postponed the proceedings against the following major oppositions: Use of Harvard Racial Affirmative Action, It could postpone a case that could end the national practices that have encouraged black and Latino students to enroll for decades.

High court I placed an order Asking the Biden Department of Justice to provide an opinion on the case means for the nine judges’ own internal affairs to postpone the decision on whether and when to hear the dispute.

The Supreme Court has not set a deadline for submission The conflict broke out on behalf of Asian Americans. Had the court fully accepted the challenger’s petition, another major case would soon have been added to the judge’s calendar for the 2021-22 session. This already includes a controversy over the right to abortion and gun control.

Harvard challengers claim that the Ivy League campus keeps Asian Americans at a higher standard and essentially limits their numbers. The school argues that there are no restrictions on Asian-American students and that all applicants are considered individually based on many characteristics.

The dispute is a case that appears to be aimed at regaining the matter in front of the Supreme Court and has passed lower courts since 2014. Students for Fair Admissions, a group backed by conservative activists across the country, claims that Harvard has penalized Asian Americans for increasing their chances of black and Latino applicants.

Since the proceedings began, the composition of the Supreme Court has changed in a way that benefits opponents of affirmative action, with three new appointments of former President Donald Trump. The court finally endorsed the university’s affirmative action in 2016. The two judges, the majority of the five narrow judges, were Anthony Kennedy and Ruth Bader Ginsburg, who succeeded in Brett Kavanaugh in 2018 and Amy Coney Barrett in 2020, respectively.

If Harvard wins in a lower court and justice finally filed a proceeding, the restructured High Court could overturn and change university rules that seek to increase campus diversity. I will.

Harvard University lawyers applied the Supreme Court Act settled by the judge to the facts of the case when asking the judge to support the victory of the lower court, making it a bigger issue among other US courts. He claimed that there was no division.

Harvard considers race “only in a flexible and non-mechanical way” and argues that such consideration “benefits only good candidates.” Throughout the proceedings, the immigration officer has claimed not to discriminate against Asian-American applicants.

In a broader sense, Harvard University urged judges not to reduce the case dating back to 1978 and allowed partial racial screening to build a comprehensive and diverse research institute.

“Universities across the country followed this precedent when building admission procedures,” said a Harvard lawyer. “And the American people turned to this precedent to recognize and appreciate the benefits of diversity and to ensure that the path to leadership is open to all.”

When the Supreme Court reaffirmed the 1978 case in 2003, now retired Judge Sandra Day O’Connor emphasized the university’s mission to train future leaders, writing: It is essential to realize the dream of an inseparable country. “

The chief lawyer at Harvard University is Seth Waxman, a former US Secretary of State for the Clinton administration who has been on the Harvard team since the proceedings began. This is because everyone involved in the proceedings believed that they would go to the increasingly conservative Supreme Court.

The shepherd to appeal the fair admissions team is William Consoboy, who has also filed a proceeding from the beginning. (Consoboy has individually undertaken Trump’s prominent proceedings, including an attempt to protect his financial records from the Manhattan District Attorney.)

In SFFA’s appeal, he called on the High Court to overturn the decision that allowed race to be “plus” in screening, arguing that it was “negative for Asian Americans.” Challengers say Harvard will continue to use the race “until the court stops it.”

Secret admission practices revealed

The 2018 trial in the Harvard proceedings revealed a large amount of data and documents, as well as multiple witnesses, as secret admission practices on the Ivy League campus were revealed. The benefits of an African-American or Latin-American background were shown, along with the benefits of family wealth, heritage connections with schools, and athletic dominance.

Harvard challengers claimed that Asian-American applicants were punished in the process of evaluating them as “wise one-dimensional books.” A judge in the lower court dismissed the allegation because it determined that Harvard University did not discriminate illegally.

Asian-American supporters have not united to support or oppose the case, and their legacy has been traced back to many different countries, with diversity within the community experiencing different social and economic outlooks in the United States. Prove the sex.

Asian-Americans make up 24.6% of the current Harvard freshman class (towards graduation in 2024). African American 13.9%; Latino 11.8%; Native American and Native Hawaiian, 2.0%. The remaining category, 47.7%, is overwhelmingly white, according to Harvard officials. These proportions have shifted slightly in recent years.

Affirmative action case backed by prominent conservative activists

In the case of Harvard, and Similar claims previously filed against Yale, Designed by conservative activist Edward Blum. Edward Blum is a long-time opponent of racial policy that previously involved white students to challenge policies that have long benefited blacks and Latinos.

Blum also filed a proceeding leading to the Supreme Court’s 2013 decision in Shelby County vs. Holder, dramatically reducing the scope of the groundbreaking Voting Rights Act. The VRA’s efforts have been underway for years, and Blum also has a long view of the current proceedings, hoping for a reversal of the current court case under Judge John Roberts. ..

In the new case, there are no individual Asian-American plaintiffs. Blum says his coalition includes applicants who have been denied admission and future applicants. The proceedings were filed under Title VI of the Civil Rights Act of 1964. The law prohibits federally funded schools from discriminating against race.

The Trump administration supported the challenger against Harvard, and the debate was similarly stimulated by judges in lower courts.

At the court level, Judge Alison Burrows of the US District Court found that Harvard’s admission process was “incomplete,” but met the requirements of the Supreme Court’s case. “Race-aware admission is an important place in society and helps universities provide a diverse atmosphere that facilitates learning,” she said.

Similarly, the First US Court of Appeals ruled that Harvard’s “limited use of race” on admission was in line with the Supreme Court’s case.

The judge first approved racial affirmative action in a 1978 ruling known as the University of California vs. Berkeet regent. The 5-4 split decision allowed the university to consider race among many criteria for admission, but it also banned quotas.

In that decision, the judge cited Harvard as a model for affirmative action. In reference to its history, SFFA challengers said in an appeal to the judge, “Harvard is where the court’s approval of race-based admission began and ended. It’s a good place to go. “

And they picked up the familiar line of Judge John Roberts and added:[ping] Discrimination based on race. “



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