Friday, August 12, 2022

Supreme Court will hear cases challenging affirmative action

Asian Americans demonstrate in support of affirmative action.


Editor's Note: Updated Aug. 12, 2022, 3:20 p.m.

As expected, the U.S. Supreme Court said that it would hear two major cases concerning race-based admission process used by Harvard and the University of North Carolina.

The ultra-conservative Supreme Court announced Wednesday that it will hear oral arguments Oct. 31.


"Harvard does not discriminate; our practices are consistent with Supreme Court precedent; there is no persuasive, credible evidence warranting a different outcome," said Larry Bacow, Harvard's president.


"Considering race as one factor among many in admissions decisions produces a more diverse student body which strengthens the learning environment for all."

Since plaintiffs filed their complaint in 2014, lower courts have supported Harvard's admission process.

Supporters of affirmative action fear the court, bolstered by three of former President Donald Trump's appointees, could eliminate race-based admissions that has added more diversity on college campuses.

A majority of Asian Americans support affirmative action and have filed friends of the court briefs last week supporting Harvards and University of North Carolina admission processes.

Plaintiffs in th
e case, Students for Fair Admissions, say that the schools discriminate against Asian American several anonymous applicants, none of whom testified in the lower court cases. They claim the schools' admitted less qualified students.

Anti-affirmative action activist Edward Blum, who has made several attempts to end affirmative action, hopes that the six conservative justices dominating the court will rule against Harvard and UNC.

Blum, a former financial advisor and an unsuccessful candidate for Congress, has been undaunted in his attacks on affirmative action. After the court rejected Blum's challenge to the affirmative action policy at the University of Texas in 2016, he retooled his strategy, this time taking aim at Harvard and claiming that high-achieving Asian American students were being denied admission because of race.

He filed his complaint before he could find any Asian Americans to join the suit. Reportedly, there are now "dozens" of Asian Americans who remain unnamed and are part of Blum's suit.

Despite the anti-Asian bias claims of SFFA and Blum, 24% of Harvard's incoming class are of Asian descent.

Although affirmative action has survived 40 years of challenges, this Supreme Court has demonstrated in June that it not afraid to go against precedent as it ruled against women's right to abortion in Roe v. Wade. In earlier rulings, the justices weakened the Voting Rights Act and supported Donald Trump's immigration policy and ruled against any gun control legislation.


“For centuries, communities of color, including Asian Americans, have struggled against racial discrimination and faced systemic barriers to education, employment, and immigration, among other challenges,” said John C. Yang, President and Executive Director of Advancing Justice – AAJC. 

“Race, ethnicity, and our lived experiences are integral parts of our personal story and collective history. Holistic admissions ensures all students have the opportunity to share their whole story in addition to their academic achievements.”

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter. 


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