Supreme Court to hear cases against Harvard, UNC, for alleged admissions discrimination

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The Supreme Court Monday agreed to hear two cases against U.S. colleges for allegedly "penalizing Asian American applicants" and using "race as a factor in admissions," a step that could affect affirmative action and equity programs in higher education. 

Harvard University in Cambridge, Massachusetts, April 2, 2018 (iStock)

The court is consolidating two different cases led by Students for Fair Admissions. One is against Harvard University and another is against the University of North Carolina. 

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"Harvard uses race at every stage of the admissions process," Students for Fair Admissions said in its petition asking the court to hear the Harvard case. "African-American and Hispanic students with PSAT scores of 1100 and up are invited to apply to Harvard, but white and Asian-American students must score a 1350…. In some parts of the country, Asian-American applicants must score higher than all other racial groups, including whites, to be recruited by Harvard."

Students walk near the Widener Library in Harvard Yard at Harvard University in Cambridge, Massachusetts, Aug. 13, 2019. (AP Photo/Charles Krupa, File)

"Like Harvard, UNC is devoted to using race indefinitely and at every stage of its admissions process," the petition in the case against UNC says. 

Both Harvard's and UNC's admissions programs were upheld by lower courts, but Students for Fair Admissions argues that the Supreme Court should overturn the 2003 case Grutter v. Bollinger, which ruled schools could use race as a factor in admissions because such schools have a compelling interest in having diverse student bodies. 

The Supreme Court at sundown on Nov. 6, 2020. (AP Photo/J. Scott Applewhite, File)

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In its response to the petition from Students for Fair Admissions, Harvard argued its admission process did not in fact discriminate against Asian-Americans. It noted that it could not possibly admit even all applicants who have a perfect GPA and therefore must consider many other factors – one of which is "the capacity to contribute to racial, ethnic, socioeconomic, or geographic diversity." 

"The consideration of race only ever benefits students who are otherwise highly qualified, and it is not decisive even for those candidates," Harvard said.