The court has continued to narrowly uphold admissions programs that consider a student’s race, in cases from Michigan in 2003 and Texas in 2016.
Students for Fair Admissions, which is appealing the lower court decision, contends Harvard imposes “a racial penalty” on Asian Americans.
Harvard’s policiesThe Harvard case was engineered by Edward Blum, a conservative advocate who previously — and unsuccessfully — had used White plaintiffs to challenge campus affirmative action.
Consovoy will be supported in Wednesday’s hearing by the Department of Justice, which similarly contends Asian Americans lose out under the Harvard admissions practices.
For the new Class of 2024, Asian Americans make up 24.6%, African Americans 13.9%, Latinx 11.8%, and Native Americans and Native Hawaiians, 2.0%.