Today, SFFA filed our opening brief in the appeal of our case, which was decided last September. The brief can be found here.
We make four important points:
The court failed to account for the indisputable fact that Harvard consistently gives Asian-Americans lower scores on their “personal” rating than whites, African-Americans and Hispanics.
The court was unable to explain why Harvard did not engage in impermissible racial balancing, when the percentages of Asian-Americans and other racial groups admitted to Harvard have remained virtually unchanged for 10 years.
The court improperly dismissed our data and analysis showing that race-based affirmative action would be unnecessary if Harvard eliminated preferences for legacies, children of Harvard faculty and staff, and children of wealthy donors, while boosting applicants from disadvantaged backgrounds.
The court incorrectly found that race was only a minor factor in the admissions process, when it is, in fact, the overwhelming factor in determining who gets admitted or rejected.
As you can imagine, this is just the beginning of what will likely be a long and intense legal battle. Most observers believe this case will ultimately be decided by the U.S. Supreme Court. It is possible the final resolution of our lawsuit is another two years away.
Of course, it is very expensive for a small organization like SFFA to continue this fight.
Please consider donating to help SFFA continue this battle.
This lawsuit may change more than just American college admissions—it could be the beginning of the restoration of our nation’s civil rights foundation, which was built on the belief that your race and ethnicity should not be used to help or harm you in your life’s endeavors.
Please donate today.