June 17, 2021
Supreme Court Requests Administration’s Opinion on Harvard Case
In an unusual but not unprecedented move, the Supreme Court has asked for the Biden Administration’s view on whether the Justices should review an affirmative action case involving Harvard University. The move will give the Court an opportunity to better understand the Administration’s position on the issue, but it will also delay the Court’s decision about whether to accept the case.
The Harvard lawsuit began in 2014, when Students for Fair Admissions, an advocacy group that opposes affirmative action, sued the university, claiming its admissions program unlawfully discriminates on the basis of race, particularly with respect to Asian American students. After a highly publicized trial, a federal district court ruled in favor of Harvard, a decision that was subsequently upheld by an appellate court. The advocacy group, however, has appealed, setting up a potential showdown on affirmative action in the Supreme Court.
Given the recent realignment of the balance of power on the Supreme Court, it is possible that the Court’s consideration of the case could result in invalidation of not only the university’s admissions program, but also affirmative action programs altogether. Such an outcome would occur if the Justices choose to overturn the Court’s long-standing precedents permitting the consideration of race for the limited purpose of promoting diversity in higher education. For that reason, the Biden Administration is likely to discourage Supreme Court review.
If the case is heard by the Supreme Court, NAICU is likely to join an amicus brief in support of Harvard. NAICU joined a similar brief at the appellate level.
The Harvard lawsuit began in 2014, when Students for Fair Admissions, an advocacy group that opposes affirmative action, sued the university, claiming its admissions program unlawfully discriminates on the basis of race, particularly with respect to Asian American students. After a highly publicized trial, a federal district court ruled in favor of Harvard, a decision that was subsequently upheld by an appellate court. The advocacy group, however, has appealed, setting up a potential showdown on affirmative action in the Supreme Court.
Given the recent realignment of the balance of power on the Supreme Court, it is possible that the Court’s consideration of the case could result in invalidation of not only the university’s admissions program, but also affirmative action programs altogether. Such an outcome would occur if the Justices choose to overturn the Court’s long-standing precedents permitting the consideration of race for the limited purpose of promoting diversity in higher education. For that reason, the Biden Administration is likely to discourage Supreme Court review.
If the case is heard by the Supreme Court, NAICU is likely to join an amicus brief in support of Harvard. NAICU joined a similar brief at the appellate level.
For more information, please contact:
Jody Feder