The Supreme Court is asking for President Joe Biden to lay out his administration’s view on the explosive lawsuit over Harvard’s alleged anti-Asian bias, the Washington Examiner reported.
The group Students for Fair Admissions has long argued that Harvard is violating civil rights law by excluding otherwise qualified Asian-American applicants purely on the basis of their race.
The consequential case, if taken up, could threaten affirmative action policies that have been championed by liberals for decades.
Affirmative action against Asian students
Harvard has admitted that without its affirmative action policy, admissions of Black and Hispanic candidates would drop by half.
Students for Fair Admissions has been challenging Harvard’s admissions policy since 2014, saying it violates the Civil Rights Act of 1964 with arbitrary metrics designed as a “racial penalty” to hurt the chances of Asian applicants and increase those of Blacks and Hispanics.
Although Biden claims to oppose anti-Asian discrimination, it seems unlikely that he will follow the Trump administration in championing the plaintiffs, given his emphasis on racially conscious social engineering in the name of “equity.”
In 2016, the last time the Supreme court weighed the issue, it ruled that schools can consider race if their policies are narrowly tailored to promote “diversity.”
The rightward shift of the Supreme Court since then has some Court watchers concerned that the tide could turn, should the issue arise again.
Biden’s equity agenda
The Court agreed to consider the Harvard case in May after Students for Fair Admissions appealed a November ruling from the U.S. Circuit Court of Appeals in Boston, which said that Harvard’s policy was not “impermissibly extensive” and had the worthy goal of promoting racial “diversity” on campus.
If the Supreme Court should take up the case, it won’t be argued until the fall at the earliest. For now, the Court is holding off for Biden’s opinion, but the White House has offered plenty of hints on where it stands with Biden’s candidly discriminatory “equity” agenda.
More to the point, Biden dropped the Trump administration’s lawsuit against Yale University over alleged anti-Asian and anti-white bias.
Edward Blum, the founder of Students for Fair Admissions, says he is “hopeful” the Supreme Court intervenes to “end race-based affirmative action in college admissions” no matter what Biden does.