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Federal Court Sides with Harvard in the event of racial discrimination

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Federal Court Sides with Harvard in the event of racial discrimination
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On Thursday, the Federal Court of Appeal upheld a decision that cleared Harvard University of illegal discrimination against Asian-American applicants.

Two judges in the 1st U.S. Circuit Court of Appeals in Boston dismissed arguments by an anti-affirmative-action group that accused the Ivy League School of placing a “racial tax” on Asian Americans.

The ruling takes the case a step closer to a potential U.S. review. Uh, Supreme Court. Most legal experts agree that the case will be dealt with by the judge, and both parties have been waiting for the outcome.

Edward Blum, president of Students for Equal Admissions, said that he was saddened, but that “our dream is not lost.”

“This case is on track to get to the U.S. The Supreme Court where we will urge the justices to bring an end to this unequal and unlawful race-based recruitment practices at Harvard and other colleges and universities,” Blum wrote in a tweet.

The case resurrected the debate on racial inequality in college admissions. The U.S. in several decisions. The Supreme Court ruled that universities must recognize race as a limiting factor in the decision on admissions.

However, the procedure faces growing obstacles in the courts, including three suits by the Students of Equal Admissions.

In the most recent ruling, the judges concluded that the Harvard admissions process had overcome legal action and had met with the standards originally laid down by the Supreme Court.

“The issue before us is whether Harvard’s selective use of race in its recruiting process in order to promote diversity over the time in question is consistent with the criteria of the precedent of the Supreme Court. There was no mistake,” wrote the judges.

Do you think universities should be required to include race in decisions on admissions?

The group’s 2014 complaint alleges that Harvard admissions officers use a biassed “personal ranking” to discriminate against Asian-Americans applying to the school.

Using six years of admission results, the group found that Asian-American candidates had the best academic record but had the lowest personal ranking scores.

The group’s study showed that Harvard tolerated Asian-Americans at lower rates than any other ethnic group, while favouring black and Hispanic students with lower grades.

The complaint further argued that Harvard is trying to maintain a clear and unconstitutional “racial equality” for new students.

Harvard rejects any bigotry and argues that it recognizes the applicant’s race only in the narrow way accepted by the Supreme Court.

In close conversations with students, some minority students may get a “tip” on their behalf, school officials say.

After a three-week trial that threw new light on Harvard’s clandestine selection process, the federal judge found that other considerations could justify why Asian Americans are accepted at lower rates than other applicants.

In its 2019 decision, District Judge Allison D. Burroughs said that the Harvard admissions process was not flawless,” but found that there was no proof of any racial animus whatsoever.”

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The judges concluded with the district court that Harvard’s personal ranking was unchanged by race.

Although the ranking can be associated with race, the judges wrote, the correlation is more likely to be triggered by outside influences, like student personal essays or letters of recommendation.

At the end of the day the judges wrote that Asian-American ethnicity has a statistically negligible impact on the likelihood of admissions and concluded that Harvard should not put undue focus on race.

“Harvard has proven that he supports all sorts of diversity, not just ethnic diversity,” the judges wrote. “Harvard’s use of race in admissions is subjective and does not recognise race alone.”

The U.S. Department of Justice has filed motions in favour of the case, claiming that Harvard is moving too far to use the race to pick students.

President Donald Trump’s administration has also challenged racial inequality in other prestigious colleges, including Yale University.

If the case of Harvard is taken up by the Supreme Court, some legal scholars suggest that the current courts could impose stricter restrictions on the use of race in admissions or ban it altogether.

The new Supreme Court is more conservative than it was before it last decided in favour of including race in college admissions.

Since the decision in 2016, two judges with a 4-3 vote in favour of the affirmative action initiative at the University of Texas have been replaced by Trump candidates.

Along with the Harvard case, Virginia-based Students for Equal Enrollment were still suing for the abolition of racial discrimination at the University of North Carolina in Chapel Hill and the University of Texas in Austin.

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