Life Imitates the Volokh Conspiracy


A reader jogged my memory of this weblog submit Jan. 24, 2022: Will the Supreme Courtroom Ask Harvard The way it Justifies Treating “Asian Individuals” as a Homogenous Class? I wrote: “I am not fairly positive what Harvard’s lawyer would or may say if requested why, say, Filipino, Nepalese, and Mongolian candidates are positioned in the identical ‘range’ class… We are going to by no means know except one of many Justices asks.”

Oral argument this previous Monday, per Justice Alito (although questioning UNC’s lawyer, not Harvard’s):

JUSTICE ALITO: “However what’s the justification for lumping collectively college students whose households got here from China with somebody—with college students whose households got here from Afghanistan? What have they got in frequent?”

MR. PARK: So I agree that that might be a wierd rule. And that’s not the rule that this Courtroom has established. It might require —

JUSTICE ALITO: Properly, then why do you’ve gotten them examine a field that I am Asian? What do you be taught from the mere checking of the field?

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