What is legal affirmative action? Harvard's race-conscious admissions go to court.


One side accuses the other of using subjective “personal ratings” to discriminate against Asian-American university applicants. The other says that "race alone is never the reason a student is granted admission.”

Court arguments a lawsuit in which a group of Asian-American students allege that Harvard University discriminated against them on the basis of their race. In its lawsuit, Students for Fair Admissions, a group led by Edward Blum — a consistent opponent of affirmative action — accuses Harvard’s admissions policies of being unlawful because they engage in “racially balancing” and fails to consider race-neutral admissions plans, among other accusations. Harvard has denied the allegations.

The case, in which more than a dozen and which opened to a full courthouse with observers in overflow rooms, is being closely watched as it could affect race-conscious admissions policies at elite colleges across the U.S. It is expected to take three weeks.

The trial shines a spotlight on affirmative action, the practice by some universities to take an applicant’s race into account for admission. Elite schools have held that affirmative action can help them achieve a diverse student body, allowing for a free exchange of ideas and giving minority students pathways to leadership after college.

on how universities may take race into account in their admissions if they desire. While the court opinions underlying those guidelines remain valid, the Trump administration withdrew them in July.

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“No American should be denied admission to school because of their race,” Attorney General Jeff Sessions said at the time.

The Trump administration has also opened an investigation .

But while the Harvard case is being widely watched, Moran noted that it may not have much bearing on the admissions policies of schools not considered elite, which reject far fewer applicants.

There are also ways the case could be decided outside of the allegations concerning race-based admissions, she added.

“However, I think a lot of people believe because the Justice Department has taken the position that they really do want to tackle the race-based admission, this very well may be decided on those grounds and go up to the high court," Moran said, referring to the Supreme Court. "We just don’t know.”

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