RUTHFULLY YOURS

Harvard President Lawrence Bacow just sent out a letter to Harvard’s alumni and donors to reassure them that there’s no merit to Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. Students for Fair Admissions argues that Harvard discriminates against Asian-American applicants. Bacow, however, is confident that “The College’s admissions process does not discriminate against anybody.” After all, “The Supreme Court has twice ruled on this issue and has held up our admissions process as an exemplar of how, in seeking to achieve a diverse student body, race may enter the process as one factor among many in consideration.”

What Bacow means is that the Supreme Court licenses racial discrimination so long as it isn’t too obvious, and that Harvard has been sufficiently discreet. In any case, Harvard has never before had to defend its admission policies in Federal court. It received honorable mention in Justice Lewis Powell’s eccentric 1978 opinion in Regents of the University of California v. Bakke, but no other justice concurred with Powell’s view on the subject. Justice Sandra Day O’Connor in her 2003 opinion in Grutter v. Bollinger endorsed Powell’s view. That’s the foundation of Bacow’s claim—which seems awfully close to wishful thinking.

How wishful? Harvard uses ugly tactics to get the “diversity” it wants—where “diversity” looks remarkably like the “race quotas” that the Supreme Court said are illegal. Harvard uses “personality” evaluations to help it decide which students to admit, but it appears that “Harvard consistently rated Asian-American applicants lower than others on traits like “positive personality,” likability, courage, kindness and being ‘widely respected.’” Harvard admissions officers didn’t even have to see the Asian-American applicants to know they weren’t likable enough.

A 2013 internal review by Harvard concluded that just accounting for extracurricular and personal ratings reduced the Asian-American share of the Harvard class by one sixth, from 31% to 26%. “Demographic” imperatives, which increased the number of admitted African Americans and Hispanics, reduced the number of Asian Americans by another third, down to 18% of the Harvard class.

18%. Which is a remarkably familiar number. Asian enrollment at elite universities has stabilized at around 18% for a generation, even as the proportion of Asian Americans in the population has risen substantially. Harvard’s Rube Goldberg admission procedures just happen to achieve the same result that you would have gotten by a simple racial quota—of the sort that once kept down the number of Rube Goldbergs at Harvard.

It’s no wonder that Attorney General Jeff Sessions has come out in support of the plaintiffs against Harvard. “Harvard has failed to carry its demanding burden to show that its use of race does not inflict unlawful racial discrimination on Asian-Americans,” said the Justice Department. CONTINUE AT SITE