Posted on 04/09/2021 2:51:11 PM PDT by jazusamo
The Supreme Court Should Hear Challenge to Harvard’s Race-Based Admissions Policies
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The Supreme Court Should Hear Challenge to Harvard’s Race-Based Admissions Policies
The latest Leftist uproar — this over the alleged treatment of Asian Americans — points up their utter hypocrisy on race: accuse Americans broadly of racism while promoting racist policies. For example, it’s a poorly kept secret that academic bastions of leftist ideology have long been discriminating against Asians. Harvard leads the pack.
With our friends at the Allied Educational Foundation (AEF), we filed an amici curiae brief in support of Students for Fair Admission’s petition for a writ of certiorari to the Supreme Court, challenging the decision of the U.S. District Court for the First Circuit that upholds Harvard College’s race-based affirmative action admissions program. ( Students for Fair Admission v. President & Fellows of Harvard College (No. 20-1199)).
Students for Fair Admission argues that Harvard’s admissions program intentionally discriminates against Asian Americans on the basis of race and violates Title VI of the Civil Rights Act, which bans unconstitutional race-based admissions by public universities. Students for Fair Admission also argues that the Supreme Court should overrule the decision in Grutter v. Bollinger , which held that institutions of higher education could use race as a factor in admissions. The petitioners allege that this discriminatory admission’s policy violates the Fourteenth Amendment’s Equal Protection Clause:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In our brief, we note that the Equal Protection Clause was designed to stop discrimination:
[O]ne of the core purposes of the Equal Protection Clause is to guarantee that individuals will be free from discrimination based upon race. It should come as no surprise to anyone that legalizing the use of race in deciding who is admitted to schools of higher learning has caused enormous conflict, including among members of this Court.
Our brief rejects the notion discriminating by race in admissions can be justified by “diversity” goals:
College and university administrators might promote greater cross-racial understanding and tolerance in their students, not by racially discriminating against applicants for admission to their schools, but by working to make their schools more tolerant of the expression of different points of view. Admissions programs that intentionally discriminate on the basis of race may themselves be negatively affecting the level of racial understanding and tolerance on today’s college campuses.
We argue that past Supreme Court rulings which failed to enforce the Equal Protection Clause’s prohibition against racial classifications have not stood the test of time. Citing Plessy v. Ferguson,Korematsu v. United States, and Hirabayashi v. United States they state:
Rulings by this Court which held that under the Equal Protection Clause individuals may be treated differently based on race have been wrongfully decided …
In each of these three cases, the Court ruled that treating individuals differently based on a racial classification did not violate the Equal Protection Clause. In each of these cases, the Court found that the government had justified its disparate treatment under the strict scrutiny test. These infamous cases demonstrate how misguided it is for this Court to sanction discriminatory racial classifications.
Additionally, we argue that this case should be heard because the Supreme Court, for decades, has failed to set a clear precedent on the issue of race-based admissions programs for lower courts:
The Bakke line of cases has failed to provide guidance to lower courts and university administrators about what constitutes a permissible race-based admission program. Bakke has led to five rulings over 43 years, in which there are 26 separate opinions. In each, the Court attempts to explain the constitutional rationale for allowing race-based preferences – even though these plainly conflict with the original meaning and text of the Equal Protection Clause.
Court-sanctioned racial discrimination in college admissions is contrary to federal law and the U.S. Constitution. The Supreme Court should stop abusing its powers to protect racial discrimination and uphold the rights of Asian students and other innocents punished for being of the wrong race by Harvard and other universities.
The Allied Educational Foundation is a charitable and educational foundation dedicated to improving the quality of life through education. In furtherance of that goal, the Foundation has engaged in a number of projects, which include educational and health conferences domestically and abroad. AEF has partnered frequently with us to fight government and judicial corruption and to promote a return to ethics and morality in the nation’s public life.
Maryland Opens ‘Special Clinic’ to Give Latinos COVID-19 Vaccines
Off the Wall Ping!
Contact to be added.
The United States has a shameful amount of systemic/institutional racism/sexism, and its name is “affirmative action.”
SCOTUS has shown it does not belong in this country.
protecting rapists and sextraffickers and the
murderers of J. Scalia and traitors to the USA
is all they are good for, when not dining with
the Maltese and Chinese as THEY deem what Americans
will do and who will live.
SCOTUS must be removed along with the FIB if America
is to survive.
I agree, it’s been building up for a number of years and now totally out of control.
Supreme court is a clown show
Yes. I’m not sure humblegunner is aware of it.
But hopefully parents of all colors and ethnicities would get the message and start forcing their children to learn to play the violin, take as many AP courses as they could tolerate, and find at least one cure for cancer before leaving high school.
Add Duke to the category of favoring mussies over Asians! We know about that one personally!
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