The Biden administration filed a brief at the Supreme Court Wednesday calling on the court to reject an appeal from a group that sued Harvard alleging the Ivy League school engaged in racial discrimination against Asians.
The brief delineates the government’s position in Students for Fair Admissions v. President and Fellows of Harvard College, a case in which a group of Asian students alleged that Harvard for discriminated against them as a group in admissions.
SUPREME COURT ASKS FOR BIDEN’S OPINION IN HARVARD ADMISSIONS CASE ON ASIAN AMERICAN DISCRIMINATION
The case has been winding its way through lower courts for several years, and Harvard has won victories at both the district and appellate court levels. Now the case lies before the Supreme Court, who could choose to take it or reject the petition and let the lower court ruling stand.
The plaintiffs in the case have alleged that Harvard deliberately refused to accept Asian American applicants because the demographic group would be overrepresented on campus if all qualified applicants were admitted.
Students for Fair Admissions, in their petition for the Supreme Court to take the case, has asked the court to overrule its prior cases upholding affirmative action in college admissions, most notably its 2003 landmark case Grutter v. Bollinger. In their brief supporting Harvard, the Biden administration asked the court to reject that petition.
The prior cases had allowed university admissions to consider race when accepting applicants, provided that it was only used as a secondary measure.
“The principles that Grutter articulated are correct,” the Biden administration said in its filing. “The Court explained that the educational benefits of diversity may qualify as a compelling interest because a university may conclude that those benefits are ‘essential to its educational mission.’”
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Kenny Xu, the author of The Inconvenient Minority: The Attack on Asian American Excellence and the Fight for Meritocracy, said the arguments in the brief show the Biden administration is “more than willing to suppress and exclude Asian American excellence in this country.”
“Asian Americans are the unwilling victims of leftists’ attempts to destroy meritocracy,” Xu told the Washington Examiner.