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Harvard University discriminates adjoin Asian-American applicants in adjustment to absolute how abounding it admits, a advocate for a accumulation suing the academy said on Monday at the alpha of a balloon that could accept added implications for the role of chase in U.S. academy admissions.

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The balloon in federal cloister in Boston pits the Ivy League academy adjoin Students for Fair Admissions, which was founded by an anti-affirmative activity activist and whose case is backed by the Trump administration.

The case could eventually ability the U.S. Supreme Court, giving the anew anchored five-member bourgeois majority a adventitious to bar the use of acknowledging activity to advice boyhood applicants get into college, acknowledged experts say.

In antecedent rulings on acknowledging action, which aims to account celebrated patterns of ancestral discrimination, the Supreme Cloister has accustomed colleges to accommodate chase as one agency amid others in assessing applicants.

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In his aperture statement, Adam Mortara, a advocate for SFFA, accused Harvard of activity added than the cloister has accustomed by agreeable in “racial balancing” and befitting Asian-American admissions in the years afore SFFA sued in 2014 at or beneath 20 percent annually.

Mortara said while Asian-Americans outperformed added groups on bookish measures, they accustomed low array on the “personal” appraisement that measures an applicant’s abstract likability and grit, a actuality he said Harvard cannot prove was not due to ancestral bias.

“There’s an Asian-American penalty, and it’s significant,” he said.

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William Lee, a advocate for Harvard, countered that SFFA’s claims were based on heavily manipulated abstracts and “invective accusations and innuendo.”

“Harvard never considers an applicant’s chase to be negative,” Lee told U.S. District Judge Allison Burroughs, who is authoritative over the non-jury trial. “If it considers chase at all, it is consistently advised in a absolute way.”

He said the Supreme Cloister had continued accurate Harvard’s approach, anecdotic it as an “illuminating example” in a battleground 1978 cardinal that accustomed chase to be advised in academy admissions in adjustment to advance diversity.

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“We’re actuality because SFFA would like to change that law,” he said.

Asian-Americans, who represent about 6 percent of the U.S. population, comprise 23 percent of Harvard’s accepted apprentice class.

SFFA is headed by Edward Blum, an activist complex in added high-profile cases that accept challenged the use of chase in colleges admissions.

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The U.S. Justice Department, which launched a accompanying delving of Harvard afterwards Republican President Donald Trump took appointment aftermost year, has backed SFFA’s case, adage Harvard has not actively advised alternative, race-neutral approaches to admissions.

The Justice Department aftermost ages launched a agnate ysis into whether Yale University additionally discriminates adjoin Asian-Americans, an accusation it denies.

Jennifer Holmes, a advocate with the NAACP Acknowledged Aegis Fund apery 25 Harvard apprentice and alumni organizations who abutment Harvard’s defense, told Burroughs that the university’s behavior are allowance it move above its accomplished as a “bastion of the white, advantaged and male.”

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“The antidote SFFA seeks would carve the cardinal of minorities on campus and about-face aback the alarm to a time back whites bedeviled the campus,” she said.

(The online adaptation of the adventure was refiled to fix typo in headline)

(Reporting by Nate Raymond; Editing by Scott Malone and Frances Kerry)

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