Bench Memos

Law & the Courts

Certiorari Petition Challenging Harvard’s Racial Discriminatory Admissions

Students for Fair Admissions has filed a powerful certiorari petition asking the Supreme Court to rule that Harvard College’s admissions practices discriminate against Asian Americans in violation of Title VI of the Civil Rights Act. Title VI provides that institutions receiving federal financial assistance shall not discriminate on the basis of race, color, or national origin.

The petition is replete with compelling evidence that Harvard discriminates against Asian Americans (and in favor of other minorities), but I think that this chart says all that needs to be said:


As the petition observes, an African American in the fourth-lowest academic decile (that is, in the 30% to 39% range) has a higher chance of being admitted than an Asian American in the top decile.


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