Vanita Gupta questions DOJ’s stand in lawsuit against Harvard

New York: A coalition of civil rights and Asian-American advocacy organizations, led by the former head of the Department of Justices Office of Civil Rights, Vanita Gupta, have slammed the amicus brief filed by the department in support of the lawsuit filed by Asian-American students and parents against Harvards race-conscious admissions policy.

Harvard is being sued by a group calling itself Students for Fair Admissions which is working to have the school dismantle its race-conscious admissions policy, which it said discriminates against Asian-American students.

The Justice Department on Aug. 30 in its amicus brief, said that Harvard has failed to demonstrate that it does not discriminate on the basis of race, siding with the Asian-American students, including some Indian-Americans suing the Ivy League schools race-based admissions policy as discriminatory. The brief said, Harvard is engaging in outright racial balancing.

Last year, the DOJ opened a Title VI investigation into Harvards admissions process, based upon a complaint filed by several Asian-American organizations that also included some Indian-American organizations, arguing that admissions should be based strictly on merit.

Some reports have suggested that if Harvard and other institutions that have a race-conscious admissions policy eliminate these policies, the Asian-American student population would rise to as much as 40 percent for a population of approximately 6 percent in the U.S. while the African-American and Hispanic-American students admitted could drop drastically with the African American students admissions being reduced to less than 2 percent.

Despite a lot of these programs, blacks and Hispanics are underrepresented in colleges and universities today even more so than they were in 1980, Gupta said.

The Supreme Court has upheld use of race as a factor in college admissions as recently as 2016.

The Justice Departments investigation is unprecedented, Vanita Gupta, who had led the Justice Departments Civil Rights Division under President Obama, had said in 2017. She is now president and CEO of The Leadership Conference on Civil and Human Rights. The Justice Department has never been a party in these cases directly investigating an institution.

Gupta has filed an amicus brief opposing Harvards motion for summary judgment in the case. Guptas filing argues that the Justice Department, under Jeff Sessions, opposes constitutionally sound strategies that colleges and universities are using to expand educational opportunity for students of all backgrounds. The Justice Department recently filed a statement of interest in the lawsuit which has called Harvards affirmative action policy discriminatory against Asian-Americans.

Gupta called justice officials action one more example of the administrations contempt for efforts to build a more inclusive, just society. It is now backing Edward Blums longstanding political agenda to undermine diversity in education and opportunity for millions of young people. (Source:

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