Now that President Biden has turned America against the Asian-American students whose cause President Trump had championed in the Harvard affirmative action case, the next question in the civil rights dispute will be whether the justices take the case. It will be illuminating to see how Mr. Biden will square his promise to protect Asian Americans from bias and discrimination with opposition from the Justice Department.
Amid the recent spurts of violence against Asians, after all, Mr. Biden pledged to “combat racism, xenophobia, and intolerance against Asian Americans.” Is such discrimination somehow more tolerable when it’s being done by Ivy League admissions officers? Students for Fair Admissions’ lawsuit reckons the civil rights of Asian-American students have been violated by Harvard’s race-conscious admissions process.
Students for Fair Admissions found evidence of “astonishing racial disparities” in acceptance rates. Under Mr. Trump, America supported the lawsuit in court filings. Yet, in a filing Wednesday, Solicitor General Elizabeth Prelogar urged the Supreme Court to turn down Fair Admission’s case. That would be a win for Harvard, which has prevailed in district court and with the riders of the First Circuit.
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