In a long-awaited decision, federal trial judge Allison Burroughs has ruled that, while Harvard does consider a student’s race in determining who gets in and who doesn’t (“the use of race in and of itself is admitted”), nonetheless Harvard is not breaking the law. That outcome was not surprising, and the judge’s opinion is unlikely to change many minds or alter the case’s expected trajectory to the Supreme Court. Judge Burroughs found that “Race is only intentionally considered as a positive attribute.” But if race is a positive attribute for favored groups, then does it not follow that it is...
