Sep 17, 2020
Judges Scrutinize Suit's Claims in Harvard Racial Bias Case
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By COLLIN BINKLEY, AP Education Writer
BOSTON (AP) — A panel of appeals court judges on Wednesday repeatedly challenged the legal claims of a group that accuses Harvard University of intentional discrimination against Asian American students who apply to the Ivy League school.
The three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston appeared skeptical of arguments made by Students for Fair Admissions, which says Harvard imposes a “racial penalty” on Asian Americans. When a lawyer for the group accused the school of racial stereotyping against Asian American applicants, a judge interrupted and questioned the basis of the claim.
“Where is the evidence of racial profiling here?” Judge Juan Torruella asked.
The panel is expected to make a decision on the case in coming weeks. Either way, legal experts believe the case will probably end up before the Supreme Court.
Students for Fair Admissions is asking the appeals court to overturn a trial-level judge's 2019 decision finding that Harvard does not intentionally discriminate against Asian Americans. U.S. District Judge Allison D. Burroughs issued the decision in October after a three-week trial.
In her ruling, Burroughs said Harvard's admissions process is “not perfect” but concluded that there was “no evidence of any racial animus whatsoever.” She ruled that other factors beyond bias could explain why Harvard accepts Asian American students at lower rates than students of other races.
The group's lawsuit alleges that Harvard admissions officers use a subjective “personal rating” assigned to each student to discriminate against Asian Americans. Using six years of admissions data, the group found that Asian American applicants averaged the highest scores in an academic rating but received the lowest personal ratings, and that they were admitted at lower rates.
Harvard denies any bias and defends its use of race in the application process. The school says race is one of many factors considered and that at most it provides a “tip” in favor of underrepresented students. It says the university has a “compelling interest” in attracting a diverse student body to its campus.
Presenting the case to judges, a lawyer for the group said Harvard's practices go beyond the limited consideration of race that has been upheld by the Supreme Court. Attorney William Consovoy said the school's efforts to keep a similar racial makeup among students from year to year amounts to illegal racial balancing.
“The statistical evidence in this case showed that the personal rating discriminates against Asian Americans in a statistically significant way,” Consovoy said.
But Judge Sandra L. Lynch challenged that allegation, saying that, presented with competing statistical models from both sides, the trial court judge sided with Harvard's.
“The district court actually found that Harvard's statistical model was the more reliable one," Lynch said. “So, again, I’m just trying to get your argument.” Consovoy argued that both models were deemed credible.
A representative for the U.S. Justice Department spoke in support of Students for Fair Admissions on Wednesday, arguing that race “pervades every aspect" of Harvard's admissions process. Eric S. Dreiband, assistant attorney general for the Civil Rights Division, said the school's admissions process “unduly burdens” Asian American applicants compared to white applicants.
The Trump administration has opposed the use of race at Harvard and other colleges across the U.S. Last month, the Justice Department found that Yale University discriminates against Asian American and white applicants. The finding, which resulted from a two-year inquiry, was rejected by Yale as “meritless” and “hasty.”
As evidence, the group points to a U.S. Education Department investigation into Harvard's admissions practices in the 1990s. In that case, the agency also explored whether Harvard discriminates against Asian Americans. The school was ultimately cleared.
Speaking on behalf of the university Wednesday, attorney Seth Waxman said the school's personal rating, which was also examined during the federal inquiry, has “assumed a Frankenstein-like significance.” But he argued that the 1990s investigation only helps Harvard's case.
“It reached the exact same conclusion, based on its review of all the evidence, that Judge Burroughs did," he said.
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Jennifer Lopez Plays Volleyball In A String Bikini In Turks And Caicos
Jennifer Lopez flaunted her gym-honed figure on a recent trip to celebrity hotspot, Turks and Caicos. The Daily Mail shared a sizzling series of snaps on Monday, September 21 that captured Lopez having some fun in the sun.
The media outlet provided readers with a variety of images that showed nearly every angle of Lopez’s bombshell body. According to the report, the singer is vacationing in the Caribbean with her fiance, Alex Rodriguez, and she has posted a few images from the trip on Instagram. To kick off the week, Lopez hit the beach and showcased her athletic skills during a game of beach volleyball.
One of the shots caught the 51-year-old smiling as took part in the popular outdoor sport. Lopez showed off her flawless figure in a neon pink bikini that did her nothing but favors. The set included a skimpy top with triangular cups and a scooping neckline that left her ample bust well within sight. It had thin straps that were knotted in bows over her toned shoulders, and the bottom was tight in her ribs, further accentuating her slender frame.Christopher Polk / Getty Images
The lower portion of the swimwear was just as hot, and the color and fabric matched the top. It had thin, stringed sides stretched across her hips, and the high rise design showcased Lopez’s muscular legs in their entirety. The tight fit of the garment also helped to accentuate her tiny waist and midsection while the front of the suit was worn a few inches below her navel, leaving her taut tummy in full view.
A few other photos captured Lopez taking a dip in the turquoise waters, offering a view of her backside. The suit’s cheeky cut left little to the imagination and showed off her pert derriere. She wore her long, brunette tresses down and wet and she protected herself from the sun with a pair of trendy aviators with gold rims and dark lenses. Lopez’s day at the beach still called for several accessories, including a pair of her signature hoop earrings. She also added a few necklaces to her collar, providing just the right amount of bling to her look.
After taking a swim, she retreated to a wooden lounger that sat in the sand next to Rodriguez. The former New York Yankees star appeared to be immersed in his cell phone in several of the photos. Like his counterpart, he looked ready for a day of tanning and sported a pair of black swim trunks.
Earlier this week, it was reported by The Inquisitr that Lopez wowed her audience of over 131 million with a sexy post that had “vacation vibes” written all over it. The upload captured her in a revealing bikini and garnered over 4 million likes from her adoring fans.