rates them on personal character traits such as integrity, courage, kindness and empathy.
“Asian student applicants get the lowest personal scores of any other group,” Alito said. “What accounts for that?”
Waxman sought to play down any “slight numerical disparity” that the data showed and said the so-called personal ratings are not a major part of the process.
“It doesn’t make a statistical difference,” Waxman said.
“If it doesn’t matter, why do you do it?” Alito countered.
Waxman, Prelogar and Ryan all reminded the court that district judges had held extensive trials in both cases and had found no discrimination. But by the end of the tough questioning, Prelogar and Waxman urged the court just to send the cases back for more consideration rather than overturning precedent.The justices also debated whether the equal protection clause of the 14th Amendment means the Constitution must be colorblind.
Challengers say that under the equal protection clause, government-run universities like UNC cannot use race as a factor in admissions decisions. Harvard is not subject to that constitutional clause, but must adhere to Title VI of the Civil Rights Act of 1964. That statute prohibits racial discrimination, exclusion or denial of benefits under “any program or activity receiving Federal financial assistance.”
Harvard, a private institution, is subject to Title VI because it receives millions of dollars in federal grants and enrolls students who pay in part with federal financial aid. UNC, a public university, is covered by both the Constitution and Title VI.
The cases are Students for Fair Admissions v. University of North Carolina, and Students for Fair Admissions v. President and Fellows of Harvard College.
Amy B Wang, Susan Svrluga and Perry Stein contributed to this report.
More on race in education
The latest: The Monday on the race-conscious admissions policies at Harvard University and UNC-Chapel Hill. Conservative Supreme Court justices in admission decisions, repeatedly expressing doubt that the institutions would ever concede an “endpoint” in their use of race to build diverse student bodies.
What happens next? The court will rule on the legality of Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. The court can publish its rulings at any time, but because of the significance of this case, the justices will likely wait to finalize their opinions until theSotomayo
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