SFFA v. Harvard Makes a Return

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CounterCurrent: Week of 3/15
SFFA v. Harvard Makes a Return

CounterCurrent is the National Association of Scholars’ weekly newsletter, bringing you the biggest issues in academia and our responses to them.
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Category: Racial Preferences; Reading Time: ~2 minutes
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** Featured Article - Scholars File Amicus Brief for Appeal of Students for Fair Admissions v. Harvard College ([link removed][UNIQID])
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In October, Judge Allison Burroughs of the Massachusetts District Court handed down her decision ([link removed][UNIQID]) in the case of Students for Fair Admissions (SFFA) v. Harvard. She ruled that Harvard’s admissions policies do not discriminate against Asian American applicants, but her reasons for the decision are not totally clear.

On the one hand, she states in her decision that “diversity at Harvard relies, in part, on race conscious admissions.” She also asserts that “Harvard evaluates that likely racial composition of its class and provides tips to applicants to help it achieve a diverse class.” What exactly is the “part” that race plays in admissions? What is a “diverse” class as determined by Harvard? Neither Harvard nor Burroughs have given an adequate answer.

On the other hand, Burroughs plainly acknowledges that fewer Asian Americans are admitted than white students, and that they are frequently denied in favor of minority students with much worse academic records. This is in large part due to the mysterious “personal rating,” an unspecified score given to each applicant based on...well, no one really knows. Burroughs writes that “The disparity in personal ratings suggests that at least some admissions officers might have subconsciously provided tips in the personal rating, particularly to African American and Hispanic applicants to create an alignment between the profile ratings and the race-conscious overall ratings that they were assigning.”

You may be thinking: Wait, what? We are too. Somehow, Burroughs found that none of this results in racial quotas or unlawful racial preference. This comes as a great disappointment to NAS and many others watching the case.

SFFA v. Harvard is out of Judge Burroughs' hands, but it’s not a done deal—Students for Fair Admissions has appealed the decision to the U.S. Supreme Court. NAS is proud to have submitted an amicus curiae brief in support of this appeal. In this week’s featured article ([link removed][UNIQID]) , we introduce the motives and content of our brief, outlining our main disagreements with Burroughs’ decision. We also provide a link ([link removed][UNIQID]) to the full, 32-page document.

In the brief, NAS President Peter Wood states that “NAS continues to support SFFA and the fight for the principle that students should be admitted on the basis of academic achievement, proven ability, ambition, and commitment to learning … Judge Burroughs and Harvard admitted that Asian students have poor ‘personal qualities,’ a clear indication of racist stereotyping. Even with this admission of race as a qualitative reason for dismissing Asian applicants, the District Court allowed the wool to be pulled over its eyes.”

NAS is not alone in our support of SFFA’s appeal. Late last month, the Department of Justice joined us and submitted a brief of their own ([link removed][UNIQID]) , citing many of the same reasons. We are optimistic about the future of this case, and we hope that Burroughs’ decision will be overturned by the Supreme Court. Doing so will help ensure fair and equitable admissions at Harvard and, consequently, in the rest of the nation.

Until next week.

John David
Communications Associate
National Association of Scholars
Read More ([link removed][UNIQID])
For more on racial preferences in admissions:
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February 26, 2020


** Department of Justice Files Amicus Brief Supporting SFFA ([link removed][UNIQID])
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NAS

The Department of Justice joins NAS in filing a brief to support racial equality in admissions.

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February 13, 2020


** Affirmative Action and Disaggregated Selection with George Dent ([link removed][UNIQID])
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Peter Wood

Let's face it: race will play a role in college admissions for the foreseeable future. But what is the best way for it to be a factor?

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November 13, 2019


** Washington Voters Reject Referendum 88 ([link removed][UNIQID])
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Peter Wood

Washington voters reject I-1000, a legislative initiative designed to enforce racial preferences in the state's schools and workplaces.

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April 12, 2019


** Racial Preferences at Texas Tech ([link removed][UNIQID])
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NAS

The Department of Education's Office of Civil Rights negotiated an end to racial preferences at the Texas university. What does it say about the future of these policies at other schools?


** About the NAS
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The National Association of Scholars, founded in 1987, emboldens reasoned scholarship and propels civil debate. We’re the leading organization of scholars and citizens committed to higher education as the catalyst of American freedom.

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