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Bakke, Powell approvingly cited Harvard as “an illuminating example” of a college that takes “race into account in achieving the educational diversity valued by the First Amendment.”Twenty-five years later, Justice Sandra Day O’Connor likewise invoked the Harvard plan in her opinion in the Michigan law school case.Now the Harvard program is under fire from opponents of race-based affirmative action.Students for Fair Admissions claims that Harvard imposes a “racial penalty” on Asian American applicants by systematically scoring them lower in some categories than other applicants and awarding “massive preferences” to Black and Hispanic applicants.Harvard flatly denies that it discriminates against Asian American applicants and says its consideration of race is limited, pointing out that lower courts agreed with the university.In 2020, the federal appeals court in Boston ruled that Harvard looked at race in a limited way in line with Supreme Court precedents.Harvard’s freshman class is roughly one-quarter Asian American, 16% Black and 13% Hispanic, Harvard says on its website.
As said here by MARK SHERMAN