The Lsat Airbender wrote: ↑Mon Jul 24, 2023 1:27 pm
Realistically, the Biden admin aren't going to push too hard on this and risk getting unfavorable law from the current SCOTUS
I will help you Last Airbender, no charge.
Harvard Aff Act case decided June 29, 2023.
The next big Harvard admissions case?
Audrey Anderson, who heads the higher education practice at Bass, Berry & Sims PLC, states the following. (Bloomberg Law podcast July 11, 2023)
Legacy and Donor Preferences
Special consideration for legacy and donors? Title 6 violation? Does it discriminate on the basis of race if school gets fed funding? A reg that Dept of Ed issued, that you can't have a disparate impact based on race. Most of those benefiting are white (legacy and donor preferences), therefore disparate impact, therefore Title 6 violation?
SCOTUS case, 2001, Alexander v Sandoval, a private party can't sue to enforce these kinds of regs under title 6.
Scalia said these regs re: disparate impact, are not authorized by title 6 therefore unenforceable.
The only thing title 6 outlaws is intentional discrimination.
In this case (legacy and donor preferences) they are not intentionally using race
(This case does not attack athlete preferences or the preferences for those who work at Harvard)
Anderson states the case is about putting political pressure on Harvard to stop donor and legacy preferences
USC, Johns Hopkins, Amherst, MIT, got rid of legacy preferences
It has only
marginally improved diversity. Helps by 1% or less.
These preferences are not based on race
SCOTUS: Title 6 only prohibits intentional discrimination, the disparate impact rules (dept of ed) are not allowed by the text of title 6
THE TEXT OF TITLE 6 ONLY PROHIBITS INTENTIONAL DISCRIM
SCOTUS can't strike down things that private parties do
Fed funds
Harvard gets hundreds of millions of fed funds
Donor funds
There are restrictions on those
Harvard can't use the money for another purpose
Nor can Harvard use the money earned on those funds for another purpose
This complaint was filed with Dept of Ed Office for Civil Rights, they decide if they want to open an investigation
This is not made public
This is not a lawsuit, that's very important
This will be completely private until a settlement is announced