Harvard Asks 1st Circ. To Uphold Race-Conscious Admissions

Law360 (September 16, 2020, 6:57 PM EDT) -- Harvard University and a group suing the Ivy League school alleging racial discrimination in the admissions process each told the First Circuit in lengthy oral arguments Wednesday that the burden is on the other to make its case.

The school, which is asking the appellate panel to affirm U.S. District Judge Allison D. Burroughs' 2019 ruling declaring Harvard's admissions process to be constitutional, claims the group bringing the suit, Students for Fair Admissions, is the one that must show Asian Americans are unfairly treated when they apply.

SFFA said the opposite is true. And William Consovoy of Consovoy McCarthy PLLC, arguing...

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