LDB Briefs Supreme Court on discrimination against Jewish and Asian American applicants

Washington, D.C. (May 6, 2022) – This week, the Brandeis Center teamed up with the Silicon Valley Chinese Association Foundation (SVCAF) on a Supreme Court brief in support of Asian American students in the Harvard affirmative action case, Students for Fair Admissions v. Harvard. Together, we showed the Court that Harvard’s admissions program, which was largely developed to limit the enrollment of Jewish students a century ago, has the continuing effect of limiting Asian American students.

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Our brief featured historical information concerning profound anti-Jewish attitudes at 1920s Harvard. As Jewish enrollment crossed the 20% threshold, Harvard birthed the practice of ‘holistic admissions.’

Avoiding an explicit quota, Harvard solicited subjective admissions criteria – so that only applicants who passed a “character and fitness” analysis were admitted. Jews were routinely deemed to lack the necessary qualities. This same process – which held Jewish admissions below 15% – is today in use limiting admissions of Asian American students.

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Asian Americans score higher than applicants of other racial or ethnic groups on Harvard admissions measures like test scores, grades and extracurricular activities. Yet the school consistently rejects these applicants based on subjective factors – and offensive racial stereotypes – about ‘leadership,’ likeability,’ and ‘self-confidence.’

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Now that the Supreme Court has agreed to hear this case – and a similar one that Students for Fair Admissions filed against the University of North Carolina – LDB has partnered with SVCAF, a nonprofit that promotes the integration of Chinese communities in Silicon Valley. LDB and SVCAF had partnered together during an earlier phase in this litigation, urging the Court to hear the case, which it has agreed to do.

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The Supreme Court – and the public – must understand that discriminatory practices at elite colleges that were designed to keep Jews out are being used today by Harvard and UNC against Asian Americans.

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Jonathan Vogel of Vogel LLC, the U.S. Education Department’s former Deputy General Counsel, drafted the brief on behalf of LDB and SVCAF.