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Justice Department Files Amicus Brief Explaining that Harvard’s Race-Based Admissions Process Violates Federal Civil-Rights Law
DOJ ^ | 02-25-2020 | Dept of Justice

Posted on 02/26/2020 7:27:55 AM PST by ptsal

The Department of Justice today filed an amicus brief in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College in the United States Court of Appeals for the First Circuit. In its amicus brief, the United States explains that Harvard’s expansive use of race in its admissions process violates federal civil-rights law and Supreme Court precedent.

“Race discrimination hurts people and is never benign,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Unconstitutionally partitioning Americans into racial and ethnic blocs harms all involved by fostering stereotypes, bitterness, and division among the American people. The Department of Justice will continue to fight against illegal race discrimination.”

As a condition of receiving millions of dollars in taxpayer funding every year, Harvard expressly agrees to comply with Title VI of the Civil Rights Act of 1964, a cornerstone civil-rights law that prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. In 2017, the Department opened a Title VI investigation into Harvard’s admissions process after a complaint was filed by more than 60 Asian-American organizations. That investigation remains underway.

In this case, Students for Fair Admissions, an organization of students and parents, alleged that Harvard College intentionally discriminates against Asian-American applicants when making admissions decisions, in violation of Title VI. The district judge denied Harvard’s various attempts to dismiss the lawsuit, and the case proceeded to a three-week trial in the fall of 2018.

(Excerpt) Read more at justice.gov ...


TOPICS: Government; News/Current Events; US: District of Columbia; US: Massachusetts
KEYWORDS: civilrights; harvard
[SNIP]

Although the Supreme Court has held that colleges receiving federal funds may consider applicants’ race in certain limited circumstances, the district court’s factual findings demonstrated that Harvard’s use of race is anything but limited. The district court concluded that “more than one third of the admitted Hispanics and more than half of the admitted African Americans, would most likely not be admitted in the absence of Harvard’s race-conscious admissions process.” And these race-based bonuses come at a significant cost to Asian-American applicants, who collectively suffer a substantial penalty under Harvard’s race-based admissions regime. Nevertheless, the district court concluded that Harvard’s use of race in the admissions process did not violate federal law or Supreme Court precedent.

The United States’ amicus brief explains that the evidence at trial showed “that Harvard actively engages in racial balancing that Supreme Court precedent flatly forbids.” The evidence also demonstrated that Harvard’s admissions officers consistently score Asian American applicants lower on the so-called “personal rating.” “In other words,” the brief explains, “Harvard’s admissions officers tended to evaluate Asian Americans, as compared to members of other racial groups, as having less integrity, being less confident, constituting less-qualified leaders, and so on.” “That disparity,” the brief points out, “is undisputed, and unexplained.” For these and other reasons, the United States urged the appellate court to reverse the district court’s judgment.

Head's exploding....buy popcorn.

1 posted on 02/26/2020 7:27:55 AM PST by ptsal
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To: ptsal

Harvard hasn’t been locked up yet?


2 posted on 02/26/2020 7:29:42 AM PST by Paladin2
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To: ptsal

Nice to see the Harvard bigots put on notice. Equal opportunity of education is very important.


3 posted on 02/26/2020 7:41:02 AM PST by Crucial
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To: ptsal

This is good, but doesn’t the Justice Department have bigger fish to fry, i.e., Comey, Clinton(s), Strzok, Page, Rosenstein, McCabe, etc.?


4 posted on 02/26/2020 7:43:49 AM PST by MayflowerMadam ("Worry does not empty tomorrow of its sorrow; it empties today of its strength" - Corrie ten Boom)
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To: ptsal

For “moron” this story:

https://www.freerepublic.com/focus/f-news/3819531/posts


5 posted on 02/26/2020 7:44:43 AM PST by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: ptsal

Plus, anyone think anyone that got in illegally will be booted? Uh, NO!


6 posted on 02/26/2020 7:45:35 AM PST by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: ptsal

Affirmative action, race-based preferences, minority set-asides are all illegal and unconstitutional. Laws that allow them are invalid and not binding.


7 posted on 02/26/2020 8:14:43 AM PST by I want the USA back (We have sunk to a depth where restatement of the obvious is the first duty of intelligent men:Orwell)
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To: ptsal

Toomany are so eager for indictments to come out they forget to notice the good things coming out of the DOJ since Barr became AG...once things are tidied up as far as digging into a lot of the bad players, I’m confident some indictments will come out and they will lead to even more as some decide to “plea deal”.


8 posted on 02/26/2020 8:25:22 AM PST by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: Paladin2

Well it’s the DOJ so expect the expected: Nothing!!!


9 posted on 02/26/2020 8:39:44 AM PST by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: GOPJ; Jane Long; MinuteGal; jsanders2001; V K Lee; HarleyLady27; stephenjohnbanker; ...
Trump needs to get on this......how many colleges are considered federal contractors?

REFERENCE Harvard’s 1999 Affirmative Action Plan Book is important b/c:
(A) Harvard is considered a federal contractor,
(B) its employment practices fall under the Dept of Labor’s Office of Federal Contract Compliance Programs (OFCCP).
(C) the compliance program “requires “ a contractor, to discover barriers to equal employment opportunity.

=============================

WIKI REFERENCE-—OFCCP administers and enforces three legal authorities that require equal employment opportunity:
<><> Executive Order 11246, as amended;
<><> Section 503 of the Rehabilitation Act of 1973, as amended; and.
<><> the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212.

These authorities protect classes of individuals-----prohibit Federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, national origin, disability, and protected veteran status.

They also require Federal contractors and subcontractors to take affirmative action to ensure equal employment opportunity in their employment processes. Its regulations can be found at CFR Title 41 Chapter 60: Public Contracts and Property Management.

===========================

Call President Trump: Comments: 202-456-1111 Switchboard: 202-456-1414
WH EMAIL CONTACT PAGE https://www.whitehouse.gov/contact/

10 posted on 02/26/2020 8:42:28 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: ptsal

And, America suffers from the Harvard plague, the societal blight harvard graduates create in positions of authority


11 posted on 02/26/2020 8:42:45 AM PST by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: Paladin2

What I’m trying to figure out - what kind of person or people would actually endorse such policies?

For Harvard - it cheapens their entire institution to drop or lower admission standards to give preferential treatment to a single group.

For those “benefiting” from such a policy - what is Harvard saying about your particular group? That they don’t believe you are smart enough to qualify without such special preferential treatment?


12 posted on 02/26/2020 8:47:10 AM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: TheBattman

Harvard is saying that too many Asians are going to get in if they don’t restrict them somehow.


13 posted on 02/26/2020 8:55:26 AM PST by Paladin2
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To: Liz

Real good point. If Warren becomes Bernie’s VP choice, then it;s time to let the investigative hounds loose!

Better yet, an archeological dig around Burlington College should bear some interesting fruit.

Peter Schweizer’s new book, Profiles of Corruption, exposes a lot on that! Heard him give tidbits in a Michael Savage interview.

https://www.amazon.com/gp/product/006289790X/ref=dbs_a_def_rwt_bibl_vppi_i0


14 posted on 02/26/2020 9:39:56 AM PST by poconopundit (Joe Biden has long been the Senate's court jester. He's 24/7 malarkey and more corrupt than Hunter.)
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To: ptsal

Woo Hoo! White men have been taking it in the shorts.


15 posted on 02/26/2020 11:10:16 AM PST by SaraJohnson ( Whites must sue for racism. It's pay day.)
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To: Paladin2

How about simply hold everyone to the exact same set of standards and let the cards fall where they may??? You know - good, old-fashioned merit?


16 posted on 02/26/2020 12:52:38 PM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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