Federal appeals court rules that Harvard’s use of race in admissions is sound - The Boston Globe

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Demonstrators against Harvard University's admission process hold signs and American flags while gathering during a protest at Copley Square in 2018.Adam Glanzman/Bloomberg

The First Circuit Court of Appeals has affirmed a lower court decision that Harvard University’s admissions process does not discriminate against Asian-American applicants, likely propelling the battle over affirmative action to the US Supreme Court.

An opinion issued by the appeals court Thursday found that Harvard’s use of race in admissions met the requirements of the law.

“The issue before us is whether Harvard’s limited use of race in its admissions process in order to achieve diversity in the period in question is consistent with the requirements of Supreme Court precedent,” wrote Appeals Court Judge Sandra Lynch. “There was no error.”

Harvard applauded the decision.

“As we have said time and time again, now is not the time to turn back the clock on diversity and opportunity," said Rachael Dane, a spokeswoman for the college.

Students for Fair Admissions, which had brought the lawsuit against Harvard, on Thursday said the case will likely ultimately be decided by the US Supreme Court.

“While we are disappointed with the opinion of the First Circuit Court of Appeals, our hope is not lost," said Edward Blum, the president of the organization. "This lawsuit is now on track to go up to the U.S. Supreme Court where we will ask the justices to end these unfair and unconstitutional race-based admissions policies at Harvard and all colleges and universities.”

The Supreme Court has become increasingly conservative since 2016, the last time it ruled on a college affirmative action case, asserting the use of race as a factor in admissions in order to achieve diversity on campuses.

President Trump has appointed three new justices to the court, including most recently Amy Coney Barrett.

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Deirdre Fernandes can be reached at deirdre.fernandes@globe.com. Follow her on Twitter @fernandesglobe.

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Federal appeals court rules that Harvard’s use of race in admissions is sound - The Boston Globe
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