Students for Fair Admissions, the group that is currently suing Harvard University for allegedly discriminating against Asian American applicants in their admissions process and for violating federal civil rights laws, has submitted another filing in their attack on Affirmative Action — this time against the University of North Carolina at Chapel Hill. Unlike in the action against Harvard University in which the group argues that Affirmative Action disadvantages Asian American applicants, the filing against UNC takes a different approach. It focuses on how race has become the predominant factor in the school’s admissions process with respect to the admission of African American and Latinx applicants — in violation of civil rights law and the Constitution’s Equal Protection Clause.
University of North Carolina at Chapel Hill is Batter Up to Defend Affirmative Action
As reports Anemona Hartocollis for “The New York Times” in a piece entitled “U.N.C. Admissions Lawsuit Brings Another Attack on Affirmative Action,” “The group, Students for Fair Admissions, says the university is excluding white and Asian applicants in favor of less qualified black and Hispanic students. The plaintiffs accuse U.N.C., a public flagship university, of using race ‘at every stage’ of the admissions process, in violation of the law, ‘even when the application gives no indication that race affected the student’s life in any way.'”
UNC filed a brief in its defense the same day the initial complaint was filed. In the defense’s brief, the university essentially argued that race is but one consideration within a holistic admissions process. And this response, of course, is not the least bit surprising since it it the argument just about every institution forced to defend the practice of Affirmative Action has asserted. Only time will tell if such a defense will withstand legal scrutiny.