Harvard's attorney William Lee states that "Harvard cannot achieve its educational goals without considering race" and that "race is never considered negatively in applications."Do you notice any flaws in this statement?What are the possible harms of using affirmative action in decision-making?

With Harvard on trial, in the 1978 Supreme Court case Regents of the University so is affirmative action of California v. Bakke, which struck down a quota-based admissions policy at the University of California but By Katie Reilly upheld affirmative action more broadly, pointing to the Cambridge, Mass., school as a good example because L it considered race as a "plus." But that case and others ONG BEFORE IT OPENED IN U.S. DISTRICT Court in Boston on Oct. 15, the trial over the use challenging the use of race in admissions have featured white students, a notable difference from the Boston of race in Harvard University admissions had all the makings of a landmark case. In fact, the case suit. Meanwhile, a newly conservative Supreme Court stands to reconfigure the place of diversity in the Ameri- increases the likelihood that previous rulings upholding affirmative action could be overturned if the case makes can educational landscape. At it's center is the oft-debated subject of affirmative it to the highest court. action in college admissions. Those policies traditionally "The current composition strongly suggests that af- benefit African-American and Latino students in an effort firmative action's days are numbered," says Justin Driver, to offset centuries of racial discrimination, but the lawsuit a University of Chicago law professor whose new book The Schoolhouse Gate covers how courts have shaped alleges that Harvard's implementation of those ideas dis- education. criminates against Asian Americans. Harvard, which has Scholars aren't the only ones who think the case could defended its "holistic" process, says the school strives for have deep ramifications. The Students for Fair Admissions diversity as part of its educational mission but denies that group was founded by Edward Blum, a conservative activ- any of its practices are discriminatory. "Harvard cannot achieve its educational goals without ist who opposes all race-based admissions policies. Blum considering race," William Lee, an attorney for the univer- has brought several other cases challenging affirmative ac- tion, including Fisher v. University of Texas, which resulted sity, said in court, according to news reports, adding that in a 2016 ruling that the university's race-conscious ad- race is never considered negatively in applications. But attorneys representing Students for Fair Admis- missions program was legal. He has been explicit about his goal: to end affirmative action for everyone everywhere. sions, the group that brought the suit, will spend the next "Race and ethnicity should not be a factor when a three weeks arguing that Harvard uses what amounts to student applies to a university like Harvard or the Uni- a racial-quota system, manipulating the pro- versity of North Carolina or the University of cess to "[achieve] essentially the same racial balance year over year." Their suit, which has In a multi- Texas, or any university," Blum said in prepared received support from the Trump Administra- racial, multi- remarks at a Boston rally the day before the trial tion, will focus on findings that Harvard as- ethnic nation started. "In a multiracial, multiethnic nation like signs a lower "personal rating" score to Asian- like ours, the ours, the admissions bar cannot be raised for some races and lowered for others." American applicants as a group, who otherwise outperform other racial groups in academics and admissions Critics have accused Blum of "exploiting" bar cannot Asian-American students in pursuit of an agenda extracurriculars. Asian Americans, about 6% of the U.S. be raised for that could, by devaluing diversity, ultimately harm population, make up nearly 23% of Harvard's some races.' them too. Surveys also show that a majority of most recent class of admitted students, while EDWARD BLUM, Asian Americans support affirmative-action poli- African-American students make up 15% and conservative activist cies, though support among Chinese Americans de- creased to 38% this year, according to APIAVote and Hispanic or Latino students make up 12%. Har- vard first admitted a majority of nonwhite stu- AAPI Data. "Race-conscious admissions is a limited tool, dents two years ago. but it's still a tool needed to recruit and retain ra- But while Harvard is, well, Harvard, it's still cially diverse student bodies," says Julie Park, an as- just one school. In his opening arguments, Adam sociate professor of education at the University of Mortara, a lawyer representing the plaintiffs Maryland, who studies Asian-American students took a narrow view of the case's implications. and affirmative action. Park served as a consulting "This trial is about what Harvard has done and expert in the case on the side of Harvard. "I think if is doing to Asian-American applicants, and how this case or another case leads to a nationwide ban far Harvard has gone in its zeal to use race in the admissions process," Mortara said in court, add- on race-conscious admissions, everyone is going to ing that "the future of affirmative action in col- lose out, including Asian Americans." But such a ban is just what Blum wants. lege admissions is not on trial." "Regardless of the outcome of this trial," Blum said at the rally, "the movement to end racial classi- EXPERTS SEE IT DIFFERENTLY. For decades, fications and preferences in college admissions will courts have tended to approve of careful not end."