Both the courts and the media have mostly ignored the Asian American plaintiffs in Students for Fair Admissions v. Harvard and chosen, instead, to relitigate the same arguments about merit, white supremacy, and privilege.
Nearly a decade has passed since Students for Fair Admissions, or S.F.F.A., first filed a lawsuit against Harvard University over its race-based admissions policies. During that time, not much has changed about the particulars of the case, nor how they have been processed by both the courts and the public. The announcement of the Supreme Court’sin the case—a 6–3 decision that effectively ends affirmative action in college admissions and most likely beyond—did not contain any surprises.
The deflections were understandable. The evidence the plaintiffs had amassed that Harvard, in particular, discriminated against Asian applicants through a bizarre and unacceptable “personal rating” system is overwhelming. These facts, and, more important, the conservative composition of the Supreme Court, placed the defenders of affirmative action in a bit of a discursive and legal corner.
Affirmative action, in my view, was doomed from that moment forward because it had been stripped of its moral force. It is one thing to argue that slavery, lynchings, Jim Crow laws, mass incarceration, and centuries of theft demand an educational system that factors in the effects of those atrocities.
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