The president is recommending the court not hear the case
backed by legal strategist Edward Blum. A former stock broker in Houston, Blum does not have a law degree. He and his group argue that Harvard’s admissions approach discriminates against Asian American applicants and runs afoul of federal civil rights law.
In June, the Court asked the Biden administration to file a brief. Led by Solicitor General Elizabeth Prelogar, the brief argues that lower courts already applied precedent correctly when they denied the plaintiffs’ petition. The district court decided that Harvard’s admissions program satisfies “strict scrutiny,” says the brief, because the program “intends to treat every applicant as an individual.” Also Harvard doesn’t use racial quotas or target numbers for racial diversity.
An appeals court agreed with the district court’s ruling and with its finding that Harvard considers race among many attributes. The brief says that such consideration is not unlike the way Harvard evaluates applications from the children of faculty members or of so-called legacy students whose parents or other relatives went to Harvard. Says the brief: “The court found that Harvard’s admissions program intends to treat every applicant as an individual.
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