Biden’s DOJ sides with Harvard against Asian Americans in admissions discrimination suit

Fighting “systemic racism” was the cornerstone of President Joe Biden’s presidential campaign, and his administration has continued that vow well into his first presidential term.

But apparently, that vow only applies to certain minority groups, as Biden’s DOJ last week filed a brief with the U.S. Supreme Court asking it not to take up a case brought on appeal by a group of Asian American students who claim they’ve been discriminated against in Harvard University’s admissions program, the Washington Examiner reports.

The case, known as Students for Fair Admissions v. President and Fellows of Harvard College involves a group known as Students for Fair Admissions (SFFA), who argue that Harvard University exceeded their allowed use of race in determining admissions for prospective students, as race can only be a “secondary measure” in such decisions.

The group has fought the case for years in lower courts, with Harvard scoring victories along the way. Now, the final decision could be made at the Supreme Court level, if the high court ultimately decides to take on the case, even as the Biden administration urges it not to.

At the crux of SFFA’s request, it’s hoping that that the Supreme Court will overrule previous affirmative action cases decided on by the high court, to include the landmark 2003 case known as Grutter v. Bollinger.

That’s because in those previous cases, it was ruled that universities and colleges are allowed to use race in the admissions process. SFFA argues that Harvard rejects many highly qualified Asian American applicants because the school doesn’t want the demographic to be “overrepresented” on campus.

In the supporting brief, the Biden administration explained why it believes SCOTUS should reject the appeal.

“The principles that Grutter articulated are correct,” the DOJ filing said. “The Court explained that the educational benefits of diversity may qualify as a compelling interest because a university may conclude that those benefits are ‘essential to its educational mission.'”

Notably, the Trump administration fully supported Students for Fair Admissions while former President Donald Trump was in the White House, accusing Harvard at the time of attempting to illegally “racially balance” its students, the Los Angeles Times reported.