In August 2018, the ACLU of Massachusetts filed a friend-of-court brief supporting the right of universities, including Harvard, to consider race as one of many factors in a whole-person admissions process.

Edward Blum, an anti-affirmative action crusader and president of Students for Fair Admissions, is once again seeking the elimination of all race-conscious admissions practices. His lawsuit follows Fisher v. University of Texas, where the Supreme Court reaffirmed that diversity is a “compelling government interest,” permitting schools to consider race.

The ACLU argues a race-conscious admissions process can further a university’s academic freedom to assemble a diverse student body. According to the brief, appropriate consideration of race – as one of many identity characteristics in the admissions process – does  not conflict with the principles of equal protection.

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Attorney(s)

Matthew Segal, Ruth Bourquin, Rahsaan Hall,and Jessie Rossman (ACLU of Massachusetts); Sarah Hinger, Jennesa Calvo-Friedman, and Dennis Parker (ACLU)