SFFA Supreme Court Appeal of 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

Cancellations, Disruptions as Harvard Graduate Student Strike Enters Second Week

Some faculty complain about the protests’ effect on students.

FAS Reports Financial Stability, But Rising Debt

Leaders say the cost of consultants and severance will be recouped within 18 months.  

As Union Protests Continue, Stephen Colbert and Yo-Yo Ma Event at Harvard Cut Short

A conversation between the comedian and the celebrated cellist was interrupted by a fire alarm in Sanders Theatre.

Most popular

Harvard Academic Workers Begin Strike

A second union joined graduate students on the picket line, emptying labs and classrooms.

New Names Proposed for Harvard Extension School Degrees

Long pushed for, the changes would be part of a broader rebranding for the Division of Continuing Education.

Remembering Judge Richard A. Posner

Contributing editor Lincoln Caplan’s 2015 feature of the prolific judge

Explore More From Current Issue

Ancient Egyptian painted sarcophagus with detailed hieroglyphs and a woman's face.

A rare Egyptian mummy case is on display at the Harvard Museum of the Ancient Near East.

St. Peter's Basilica at sunset, illuminated by purple and orange sky reflections in the river.

For advocacy and benevolence, three late alumni are reportedly in line for the Catholic Church’s highest honor.

A man with a long beard and formal attire stands next to a chalkboard with an equation.

Two tales of University greats—and an encounter with a Tiger