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Federal Judge Sides With Harvard in Discrimination Case Brought by Asian Applicants

Federal Judge Sides With Harvard in Discrimination Case Brought by Asian Applicants

“Harvard’s admission program passes constitutional muster in that it satisfies the dictates of strict scrutiny.”

This has been a closely watched case for months. Now a judge has ruled in Harvard’s favor.

Inside Higher Ed reports:

Judge Upholds Harvard’s Admissions Policies

A federal judge ruled Tuesday that Harvard University’s admissions policies do not discriminate against Asian American applicants.

The 130-page ruling by Judge Allison Burroughs of the U.S. District Court in Massachusetts came in a much-watched case brought by a long-standing critic of affirmative action on behalf of a group of Asian American plaintiffs.

Her decision upholding the Ivy League university’s policies confounded the predictions of many commentators, who had seen Harvard’s approach as vulnerable.

While she said Harvard’s admissions approach was “not perfect,” “the Court will not dismantle a very fine admissions program that passes constitutional muster, solely because it could do better.”

“For purposes of this case, at least for now, ensuring diversity at Harvard relies, in part, on race conscious admissions,” Burroughs wrote in her conclusion. “Harvard’s admission program passes constitutional muster in that it satisfies the dictates of strict scrutiny. The students who are admitted to Harvard and choose to attend will live and learn surrounded by all sorts of people, with all sorts of experiences, beliefs and talents. They will have the opportunity to know and understand one another beyond race, as whole individuals with unique histories and experiences.

“It is this, at Harvard and elsewhere that will move us, one day, to the point where we see that race is a fact, but not the defining fact and not the fact that tells us what is important, but we are not there yet. Until we are, race conscious admissions programs that survive strict scrutiny will have an important place in society and help ensure that colleges and universities can offer a diverse atmosphere that fosters learning, improves scholarship, and encourages mutual respect and understanding.”


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You have to believe two things to believe this is a rational ruling.

Thing 1: Diversity is required by the Constitution.
Thing 2: The large proportion of Asians who get rejected despite excellent qualifications has nothing to do with the fact that they’re Asian.

Neither of these things passes the smell test. Judges like this should be removed from the bench for gross incompetence.

    AlexanderYpsilantis in reply to irv. | October 5, 2019 at 12:51 am

    This Judge is an Obama appointee, if I recall correctly. That explains her ridiculous ruling. It will be appealed, I’m certain. Still, what a black eye for the Federal Courts.

This decision was easy to predict, because the Supremes have gone along with racial discrimination in the past, as long as it was to promote “diversity.” That’s how the term “diversity” came to be a euphemism for racial discrimination.

This case is a good one to take to SCOTUS, because that is where the change will need to be made. How can you possibly end racial discrimination when you keep discriminating?

Harvard wins by getting the right to lower their standards of admissions. OK?

ugottabekiddinme | October 3, 2019 at 2:45 pm

Predictably, Harvard wins by having an Obama-appointed judge hear the case. The same judge who enjoined at least one of President Trump’s immigration-related executive orders.

I wonder how many Trump-appointees are on the 1st Circuit Court of Appeals?

ACLU will file on behalf of the students in 3, 2, 1 – ha, just kidding.

Oh wait they did opine on the issue: they support Hahvahd. Proggies supporting proggies.

A Punk Named Yunk | October 4, 2019 at 11:26 am

OK, Harvard, but this will eventually lower your standing as a university. It won’t even take a whole generation before Harvard is forced to do grade inflation to avoid flunking the undeserving students the admitted instead, a bit longer for the word to get out that an A at Harvard is just so much bull$#!^.

The Asian students will likely gain admission elsewhere, raise the ranking of those institutions while Harvard’s standards get eroded. No more instant hires based on the college.

All you need to know is that the judge was appointed by Obama.

AlexanderYpsilantis | October 5, 2019 at 1:33 am

Pretty sophomoric ruling by Judge Burroughs, but what did you expect? She was appointed by Obama in accordance with her ideological bias, not her Oliver Wendell Holmes smarts.

Judge Roberts said ‘there are no Republican or Democrat Judges…’, how wrong he is about that. Utterly appalling.