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Asian-American students suing Harvard over admissions win justice dept. support

In a statement of interest, the department supported the claims of the plaintiffs, a group of Asian-Americans rejected by Harvard.
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WASHINGTON — The Justice Department lent its support Thursday to students who are suing Harvard University over affirmative action policies that they claim discriminate against Asian-American applicants, in a case that could have far-reaching consequences for the use of affirmative action in college admissions.

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In a statement of interest, the department supported the claims of the plaintiffs, a group of Asian-Americans rejected by Harvard. They contend that Harvard has systematically discriminated against them by artificially capping the number of qualified Asian-Americans from attending the school to advance less-qualified students of other races.

“Harvard has failed to carry its demanding burden to show that its use of race does not inflict unlawful racial discrimination on Asian-Americans,” the Justice Department said in its filing.

The government argued that Harvard does not adequately explain how race factors into its admissions decisions, leaving open the possibility that the university is going beyond what the law allows.

“Harvard has failed to show that it does not unlawfully discriminate against Asian-Americans,” the Justice Department said in a statement Thursday.

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The Harvard case, which was brought by an anti-affirmative-action group called Students for Fair Admissions, is seen as a test of whether a decadeslong effort by conservative politicians and advocates to roll back affirmative action policies will ultimately succeed.

That push has broad support from President Donald Trump. The Department of Education and Justice Department said in July that the administration was abandoning Obama-era policies that asked universities to consider race as a factor in diversifying their campuses and would favor race-blind admissions instead.

Officials from both departments said that the Obama administration had used guidelines to circumvent Congress and the courts to create affirmative action policies that went beyond existing law. The Trump administration contends that its stance on affirmative action adheres to the letter of the law and the opinions of the courts.

“The Supreme Court has determined what affirmative action policies are constitutional, and the court’s written decisions are the best guide for navigating this complex issue,” Education Secretary Betsy DeVos wrote in a statement when the guidance rollback was announced.

Civil rights leaders and others argue that this stance effectively undermines decades of policy progress that created opportunity for minorities, and that it has thrown race-conscious admissions into jeopardy.

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This article originally appeared in The New York Times.

Katie Benner © 2018 The New York Times

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