A Outstanding Second at Oral Argument within the UNC Affirmative Motion Case

From the oral argument transcript:

JUSTICE KAVANAUGH: How are candidates from Center Japanese nations categorised from Jordan, Iraq, Iran, Egypt and the like?

MR. PARK: My understanding is that identical to different conditions the place they may not match throughout the explicit packing containers on the frequent utility, that we depend on self-reporting and we’d ask—you realize, they’ll volunteer their explicit nation of origin.

JUSTICE KAVANAUGH: But when they actually test one of many packing containers, which one are they speculated to test?

MR. PARK: I—I don’t—have no idea the reply to that query. What I can say is that if an individual from a Center Japanese nation self-discloses their nation of origin, it might be thought-about in the identical approach that we think about any field that matches, you realize, one of many packing containers that is obtainable within the frequent utility, which is it might be an individualized holistic evaluation.

This was a very unusual colloquy, as a result of there’s a proper reply to Justice Kavanaugh’s query. The classifications are immediately imported from the Division of Schooling’s Workplace of Civil Rights, which in flip makes use of the usual “Directive 15” classifications used all through the federal authorities. And based on Directive 15, people of Center Japanese origin are formally “White.” In actual fact, the Biden administration is presently contemplating creating a brand new MENA (Center East and North African) classification as a result of Arab American and Iranian teams have been lobbying to take these teams out of the white classification.

However in case there was any doubt, right here is the Frequent App’s race query. It is a bit opaque, however however Center Japanese is handled as a subset of “White”:

No matter your reply to the prior query [regarding Hispanic status], please point out the way you determine your self. (It’s possible you’ll choose a number of)

American Indian or Alaska Native
Black or African American
Native Hawaiian or Different Pacific Islander

Which greatest describes your White background? (It’s possible you’ll choose a number of)

Center East

Is it doable that Mr. Park, in getting ready for the argument, by no means appeared on the Frequent App? Or did he not merely not need to concede that Center Easterners are handled as generically white as a result of that tends to undermines the declare that UNC is in search of “range?”