{"id":305476,"date":"2020-05-22T18:11:27","date_gmt":"2020-05-22T22:11:27","guid":{"rendered":"https:\/\/news.harvard.edu\/gazette\/?p=305476"},"modified":"2023-11-08T20:20:24","modified_gmt":"2023-11-09T01:20:24","slug":"major-support-for-university-in-legal-battle-over-admissions-approach","status":"publish","type":"post","link":"https:\/\/news.harvard.edu\/gazette\/story\/2020\/05\/major-support-for-university-in-legal-battle-over-admissions-approach\/","title":{"rendered":"Major outpouring of support for University in legal battle over admissions approach"},"content":{"rendered":"\n\t
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Harvard University<\/p>

Rose Lincoln\/Harvard Staff Photographer<\/p><\/figcaption><\/figure>\n\n\t

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\n\t\tMajor outpouring of support for University in legal battle over admissions approach\t<\/h1>\n\n\t\n\t\t\t<\/div>\n\t\t\n\t
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\n\t\tColleen Walsh\t<\/p>\n\t\t\t

\n\t\t\tHarvard Staff Writer\t\t<\/p>\n\t\t\t\t\t<\/address>\n\t\t<\/div>\n\n\t\t

\n\t\t\tHundreds of social scientists, business executives, Nobel laureates, state attorneys general, colleges rebut group appealing judgment in favor of Harvard\u2019s policies\t\t<\/h2>\n\t\t\n<\/header>\n\n\n\n
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Hundreds of social scientists, Nobel Prize-winning economists, corporate executives, higher-education experts, attorneys general from 15 states, 15 colleges and universities, as well as 26 Harvard alumni and student organizations representing thousands of Asian American, black, Latinx, Native American, and white Harvard community members expressed their support for Harvard\u2019s pro-diversity approach to admissions this week in a series of legal filings that were part of a federal appeals process. In September a federal judge upheld<\/a> Harvard\u2019s admissions policy following a three-week trial.<\/p>\n

The filing of these \u201cfriend of the court\u201d briefs Thursday with the First Circuit Court of Appeals in Boston is the latest development in an ongoing legal challenge to Harvard\u2019s admissions practices. Supporters called for the judges to adhere to Supreme Court precedent and uphold the lower court\u2019s ruling that Harvard may continue to consider race as one among many factors when admitting students.<\/p>\n

Among the briefs was a document representing 14 of the nation\u2019s leading businesses, including tech giants Apple Inc., Microsoft Corp., and Twitter. In their filing<\/a>, the companies argued that diversity in higher education is essential to ensure that future generations of talented workers will be able to successfully compete in a global economy.<\/p>\n

\u201cTo find the next superb employee, amici <\/em>depend on universities admitting talented students from all backgrounds, and helping each student learn how to thrive in a diverse and inclusive setting,\u201d the companies argued. \u201cAnd as the Supreme Court has repeatedly recognized and approved, amici <\/em>agree that a university may well conclude that meeting such a crucial goal, even today, requires a race-conscious, holistic university admissions program.\u201d<\/p>\n

They also agreed that, \u201c[i]n the absence of workable race-neutral alternatives \u2014 as the district court concluded is the case \u2026 universities such as Harvard must be able to employ race-conscious, holistic admissions practices to create the best recruiting classes for businesses.\u201d<\/p>\n

The attorneys general signed on to a brief<\/a> outlining the importance of diversity in higher education and beyond and urging the appellate court to affirm U.S. District Court Judge Allison D. Burroughs\u2019 ruling. \u201c[We] share a compelling interest in ensuring that students at colleges and universities receive the educational benefits that flow from diversity of all kinds amongst their peers \u2014 including racial diversity,\u201d they wrote. \u201cBy ensuring that our students go forth into their adult lives with these educational benefits, we also strengthen our society, our democracy, and our economy.\u201d<\/p>\n

In 2014, Harvard was sued by Students for Fair Admissions Inc. (SFFA), an organization founded by Edward Blum, the architect of a range of attacks on civil rights protections for members of underrepresented minority groups in recent years. The lawsuit<\/a> claimed the College intentionally discriminated against Asian American applicants and that its use of race in the undergraduate admissions process was unlawful. Last September, Burroughs ruled<\/a> against SFFA on all counts, determining that Harvard does not discriminate on the basis of race, engage in racial balancing or the use of quotas, or place an outsized emphasis on race when considering an applicant\u2019s admissions file. She also held that \u201cno workable and available race-neutral alternatives\u201d could achieve Harvard\u2019s interest in diversity, which the U.S. Supreme Court has repeatedly ruled a legitimate educational objective.<\/p>\n\r\n

\u201cOur higher education institutions have emphasized time and again that campus diversity is a necessary ingredient of their ability to prepare students to compete and thrive in an increasingly diverse country and global economy.\u201d<\/p>\nPeter McDonough, American Council on Education<\/cite><\/blockquote>\r\n\n

In its own appellate brief<\/a> submitted on May 14, Harvard defended its victory, reiterated its compliance with Supreme Court precedent, and argued that Burroughs\u2019 decision should be affirmed. \u201cAfter conducting a three-week bench trial, hearing testimony from twenty-five witnesses, and reviewing hundreds of exhibits, the district court issued a 130-page decision, encompassing more than 80 pages of factual findings, that carefully considered and rejected all of SFFA\u2019s claims,\u201d reads the Harvard brief.<\/p>\n

\u201cHarvard\u2019s interest in student body diversity is substantial and compelling,\u201d said Peter McDonough, vice president and general counsel for the American Council on Education, which filed a brief<\/a> on behalf of 41 organizations of higher learning. \u201cOur higher education institutions have emphasized time and again that campus diversity is a necessary ingredient of their ability to prepare students to compete and thrive in an increasingly diverse country and global economy.\u201d<\/p>\n

A brief<\/a> submitted on behalf of 15 higher education institutions in support of Harvard stated: \u201cIn light of the momentous interests at stake, Amici<\/em> urge the court to affirm the right of educational institutions to structure admissions programs that appropriately consider race and ethnicity within the context of an individualized and holistic review.\u201d<\/p>\n

\u201cHarvard\u2019s whole-person review treats each individual as an individual, not merely as a member of a racial group with presumed qualities and characteristics,\u201d read a brief<\/a> representing more than 670 social scientists from colleges and universities across the country. \u201cThat approach is well-grounded in social science research and benefits Asian American applicants. The district court correctly rejected Plaintiff\u2019s arguments to the contrary.\u201d<\/p>\n

Harvard has long championed a diverse learning environment and the development of a student body filled with individuals who bring a range of different backgrounds and perspectives to campus. For decades, Harvard College\u2019s Admissions and Financial Aid Office has sought out talented students from all communities and encouraged them to apply. For decades, a range of programs and scholarships have helped those with strong academic credentials but limited means gain access to a Harvard education.<\/p>\n

In 2004, University President Lawrence H. Summers helped spearhead the expansion of Harvard\u2019s financial aid, essentially making attendance free for low-income students. Three years later, his successor as Harvard president, Drew Faust, announced a new initiative designed to ensure greater affordability for middle-income families through major enhancements to grant aid, the elimination of student loans, and the removal of home equity from financial aid calculations. In March 2020, Harvard announced plans to expand its program again by eliminating the summer work expectation for students beginning in the 2020\u201221 academic year.<\/p>\n\r\n

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