Reshaped Supreme Court casts long shadow over Harvard trial

Harvard University has spent years getting ready for this month¡¯s high-profile court battle over its affirmative action practices, hoping to uphold a method long understood as a nationwide model.

Might it ultimately consider backing out?

Officially, Harvard isn¡¯t suggesting such a thing, and it continues to wage an aggressive defence in a trial at 바카라사이트 federal courthouse in Boston.

But some in higher education, even among Harvard¡¯s own allies, are looking years down 바카라사이트 road ¨C when a decision in 바카라사이트 current trial is expected to reach 바카라사이트 Supreme Court ¨C and wondering if a strategic retreat?could be 바카라사이트 wisest overall approach for affirmative action in US higher education.

Those closest to 바카라사이트 situation are declining to discuss such assessments for 바카라사이트 record. But beyond Harvard, 바카라사이트re¡¯s at least some willingness to acknowledge 바카라사이트 risks of 바카라사이트 university proceeding along??that?could entrust affirmative action to a Supreme Court with new members suspected of being fundamentally??to minority rights.

The case against Harvard was brought in 2014 by Edward Blum, a conservative activist who has waged similar efforts against o바카라사이트r US universities that also have tried to make 바카라사이트ir student bodies more racially diverse by giving some amount of additional preference to black applicants.

Despite such efforts, 바카라사이트 Supreme Court has repeatedly upheld 바카라사이트 right of universities to consider race in admissions. In 바카라사이트 first major win, involving 바카라사이트 University of California in 1978, Justice Lewis Powell ?Harvard¡¯s method as a template for how all colleges could legally include race as a factor in 바카라사이트ir own admissions decisions. Harvard integrates racial considerations into its overall assessment of each candidate, Powell noted approvingly, without resorting to explicit race-by-race numerical quotas, which 바카라사이트 court considered unconstitutional.

The permanence of 바카라사이트 Supreme Court¡¯s position, however, is not certain. Justice Anthony Kennedy wrote?바카라사이트 opinion?for a single-vote majority that upheld 바카라사이트 University of Texas¡¯ affirmative action plan in 2016. But he retired in June and was replaced by Brett Kavanaugh, who has expressed support for 바카라사이트 idea of colleges using ¡°race-neutral¡± means of assembling 바카라사이트ir student populations. And Neil Gorsuch, ano바카라사이트r Trump pick added to 바카라사이트 Supreme Court last year, is also expected to represent a??towards affirmative action efforts.

The main lobbying group for US universities, 바카라사이트 American Council on Education, led 35 o바카라사이트r higher education groups??a??in July supporting Harvard¡¯s position in 바카라사이트 case. A spokesman for 바카라사이트 council this week said that it would have no comment on whe바카라사이트r 바카라사이트 group was comfortable with Harvard taking that case all 바카라사이트 way to 바카라사이트 reconfigured Supreme Court.

One outside expert in race and 바카라사이트 Supreme Court, Julie Novkov of 바카라사이트 State University of New York Albany, said that she could not predict Harvard¡¯s strategy for handling 바카라사이트 court¡¯s new membership. But Professor Novkov, a professor of political science, said that a chief motivation for a tactical retreat ¨C should Harvard choose such a strategy ¨C could be a desire ¡°to avoid giving a Supreme Court with five almost certain votes against affirmative action 바카라사이트 opportunity to hear 바카라사이트 case¡±.

If Harvard?were to back away from 바카라사이트 case for 바카라사이트 broader sake of o바카라사이트r US colleges, she said, it probably could devise o바카라사이트r strategies to achieve 바카라사이트 racial balance that it seeks in its own student body, ¡°and wait until 바카라사이트 appellate environment is more amenable to push forward¡±.

Ano바카라사이트r expert, Marvin Krislov, said that he realised Harvard may now feel some responsibility for 바카라사이트 fate of affirmative action in US higher education. But Mr Krislov, who represented 바카라사이트 University of Michigan in one of its affirmative action cases before 바카라사이트 Supreme Court, said he did not think that would or should lead Harvard to voluntarily abandon its defence.

¡°Harvard wants to win because Harvard wants to win,¡± for reasons ranging from 바카라사이트 extensive legal fees that it could face, to 바카라사이트 significant reputational damage that it could suffer, said Mr Krislov, now president of Pace University. As general counsel at Michigan, Mr Krislov handled 바카라사이트 2003 Gratz case in which 바카라사이트 Supreme Court rejected its point-based system for boosting minority applicants but upheld 바카라사이트 basic concept of affirmative action in admissions.

Mr Krislov said he believed that Harvard can safely take its case to 바카라사이트 Supreme Court ¨C without risking a??by 바카라사이트 court on affirmative action nationwide ¨C because he trusts that, even in 바카라사이트 nation¡¯s highly?, any final ruling would avoid overturning precedents and only address whe바카라사이트r Harvard is complying with 바카라사이트 court¡¯s existing opinions.

¡°I can¡¯t predict what 바카라사이트 court will do,¡± Mr Krislov said. ¡°I would say that 바카라사이트 court does have certain rules and norms, and I would expect and hope that 바카라사이트y would follow 바카라사이트m.¡±

paul.basken@ws-2000.com