On Monday, JeannieSGersen went to the Supreme Court to listen to the oral arguments on affirmative action. She observed a striking contrast between the overrepresentation of Asians at selective universities and the paucity of Asians in attendance.
On Monday, I was at the Supreme Court for five hours of oral arguments on. In constitutional debates about the issue, both sides like to lay claim to Justice John Marshall Harlan’s celebrated dissent in Plessy v. Ferguson—the 1896 case that notoriously held that requiring separate train cars for Black and white passengers did not violate the Fourteenth Amendment, and that was eventually overruled in Brown v. Board of Education.
Several Justices on the Court, which also obviously lacks Asians, emphasized that universities are the “pipeline” to diverse leadership, and that the representation of minorities in leadership positions cannot improve if they are not admitted in sufficient numbers to selective universities. To support the point, Elizabeth Prelogar, the U.S. Solicitor General, pointed out that only two out of the twenty-seven lawyers arguing in the Court in late October to early November are women.
When the Harvard case first went to trial, in 2018, S.F.F.A. alleged that Harvard uses the personal rating, in which admissions officers score applicants on qualities such as “integrity, helpfulness, courage, kindness,” even “effervescence,” to discriminate against Asian American applicants.
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