SFFA Asks Supreme Court to Review Harvard Admissions Lawsuit

As expected, the anti-affirmative-action advocate appeals after losing in lower court rounds.

Students for Fair Admissions (SFFA), which has pursued litigation against Harvard’s longstanding use of race as a factor in its holistic review of undergraduate applicants for admission to the College, today asked the Supreme Court to review its case. SFFA brought its case, alleging discrimination against Asian American applicants, in 2014. In October 2019, U.S. District Court judge Alison Burroughs ruled in favor of Harvard; in November 2020, the First Circuit Court of Appeals upheld that decision, following SFFA’s appeal.

In the First Circuit decision, judges Jeffrey Howard and Sandra Lynch wrote that Harvard’s use of race in admissions is consistent with Supreme Court precedent, rejecting SFFA’s claims that Harvard “(1) engages in racial balancing of its undergraduate class; (2) it impermissibly uses race as more than a ‘plus’ factor in admissions decisions; (3) it considers race in its process despite the existence of workable race-neutral alternatives; and (4) it intentionally discriminates against Asian American applicants to Harvard College.” The ruling concludes that there was no error in Burroughs’s decision, and that Harvard’s use of race is sufficiently narrow, appropriately tailored to meet Harvard’s goal of assembling a diverse class, and does not evince evidence of implicit bias against Asian Americans.

SFFA founder and president Edward Blum, who opposes affirmative action, vowed to appeal. In today’s news release announcing the petition to the Supreme Court, SFFA maintained that Harvard admission policies “discriminate against Asian Americans and give unlawful and unfair preferences to white, Hispanic and black applicants”; that these practices are “illegal quotas”; and the College “consistently and methodically” devalues Asian American applicants impermissibly.

SFFA is also involved in litigation against Yale, the University of North Carolina, and the University of Texas—seeking many channels for Supreme Court review of current law. Only that body can revisit the question of whether or not race can be used as a factor in admissions at all, or revise longstanding precedent that says that race can be used under certain circumstances. Given the three justices who were appointed during the Trump administration, it is possible that the Court might accept the petition to hear the case, and proceed to reconsider past rulings allowing consideration of race as a factor in holistic admissions reviews.

SFFA’s petition is posted here.

 

Read more articles by John S. Rosenberg

You might also like

Trump Administration Alleges Harvard Violated Student Civil Rights

In a court filing, the University says government has ignored procedure to “inflict pain.”

John Goldberg named Dean of Harvard Law School

A professor at HLS since 2008, he steps up from the interim role.

Nieman Foundation Names Henry Chu as Interim Curator

Veteran LA Times journalist calls attention to press freedom

Most popular

In Federal Court, Harvard and the Government Have Friends

A look at the amicus curiae briefs in Harvard’s funding case

House Committee Subpoenas Harvard Over Tuition Costs

The University must turn over all requested materials related to tuition and financial aid by mid-July. 

Mexican Soul

How Claudia García got “mariachi fever”

Explore More From Current Issue

How AI Could Be Raising Your Energy Bill

Utilities shift AI infrastructure costs onto consumers.

Harvard Summer Reading Picks | 2025

The wealth gap, shamanism, the life of David Nathan, and more

Can an Orange a Day Stave off Depression?

A research study digs into the gut microbiome.