palestra38
Professor
Posts: 32833
Reg: 11-21-04
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10-14-19 01:40 PM - Post#288550
In response to SRP
Yes, I tend to agree that the rationale gets mushy but the real thing it pointed out is that the student with good grades and scores is a dime a dozen to Harvard (and probably every Ivy). Since 30% of the class is ALDCs (athletes, legacies, faculty children and students on the dean’s list (not an academic honor, but rather tied to donors and other families of interest)), the competition for the non-specialized slots where 5% or less get in is intense and it would not surprise me (nor did it surprise the Judge) that Asian kids who are 1st generation would be likely to lose out in the "what special characteristic are you bringing to Harvard"---which is the real meaning of the "personality" score. And that would be true of almost any 1st generation immigrant from a different cultural and language background.
In my view, this is the right "result"--it would be very dangerous to say that a private university cannot choose its own class where the distinctions made are between applicants who really all are admittable. Does distinguishing between .3 on a GPA of different schools or a 40 point SAT difference really make someone more qualified than another? But the logic in the opinion is questionable given the Judge's almost desperate attempt to fit this case within O'Connor's view that the need for Affirmative Action should be gone within 25 years.
Given who was funding this lawsuit, it's pretty clear that it isn't any real concern for Asian students that drives it. But it will be interesting to see how it plays on appeal.
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