Advancing Justice – Los Angeles (AAAJ-LA) held a press conference moments ago to announce that lawyers with the group will represent two Asian American & Pacific Islander (AAPI) high school students who wish to present their support of race-conscious affirmative action admission before the Supreme Court if and when the justices hear arguments next year about an anti-affirmative action lawsuit filed against the school by Edward Blum, the architect behind Abigail Fisher’s earlier failed attempts to dismantle affirmative action before the Court.
The two AAPI high school students represented by AAAJ-LA are current applicants to Harvard University, and both believe that race-conscious affirmative action is beneficial; AAAJ-LA filed paperwork yesterday to help the students join an existing group of diverse students who will have “amicus plus” status to present their support for affirmative action in a pending anti-affirmative action case, Students for Fair Admissions, Inc v. President and Fellows of Harvard College.
In the Students for Fair Admissions case, lobbyist Edward Blum specifically recruited disgruntled Asian American students to serve as the next Abigail Fisher, in hopes of weaponizing a stereotyped, Model Minority Myth narrative of Asian Americans against other students of colour. Blum’s lawsuit alleging bias at Harvard was ultimately consolidated around the case of a still-unnamed Chinese American woman.
Yesterday, guest writer Felix Huang (@Brkn_Yllw_Lns) wrote an incredible essay for this blog suggesting that in talking to Chinese American opponents of affirmative action, we must reframe the conversation away from self-interest and towards collective morality.
This seems a timely observation since something else also happened yesterday: the Asian American Coalition for Education (AACE) — which describes itself as “the proven leader in fighting for Asian-American children’s equal education rights” — announced that it has filed a third complaint against Ivy League universities alleging that the schools’ use of holistic review during college admissions discriminates against Asian American applicants.
Describing the complaint lodged with the Office of Civil Rights at the US Department of Education at the beginning of August, AACE alleged that Cornell University and Columbia University had discriminated against applicant Hubert Zhao when they did not offer him an acceptance to their schools this past spring. The complaint speculates that Zhao was either the victim of racial discrimination, or of political retaliation; Hubert also happens to be the son of AACE president, YuKong Zhao.
The Supreme Court handed down their long-anticipated decision on Fisher v University of Texas II yesterday, eight years after Abigail Fisher (who is White) first filed suit challenging holistic review at the University of Texas. Fisher alleged that the University’s holistic admissions process, which includes race-conscious affirmative action, denied her admission to the school. The Court had previously heard Fisher’s case, and essentially punted it back to the lower courts asking them to take a second look. When the Fifth Circuit again ruled in favour of the University of Texas, the Supreme Court was once again challenged to weigh in.
There was a lot at stake with this decision in the case now known as Fisher II: a decision against the University of Texas’ admissions program could effectively dismantle affirmative action programs across the country.
But, in a 4-3 vote, the Supreme Court elected to reaffirm the Court’s earlier perspectives on affirmative action as outlined in the landmark Grutter case which first explicitly established the “compelling interest” of colleges and universities to address issues of campus diversity through the limited and narrow use of racial information.
Less than one week after an Asian American group (comprised of predominantly Chinese American organizations) announced that they had filed a complaint to the Department of Education against Yale University, Brown University and Dartmouth College alleging anti-Asian bias in the school’s admissions policies, the national AAPI civil rights community has responded with a clear message: these conservative Chinese American opponents of affirmative action do not speak for all us.
Today, over 150 of the nation’s AAPI civil rights organizations came together in an open letter of support for the continuation of race-conscious affirmative action. In recognition of the critical role that race-sensitive admissions has played — and continues to play — in creating access to higher education for underrepresented groups, our community’s civil rights institution has reaffirmed our unwavering defense for classroom diversity and education access for all.
I can’t believe we’re dealing with this again.
Less than a year after the Department of Education dismissed a frivolous administrative complaint filed by the Asian American Coalition for Education (AACE) against Harvard University, the AACE has now announced it will file a nearly identical administrative complaint against Yale University, Brown University and Dartmouth College. In their complaint against Harvard, AACE alleged — absent any significant evidence — that race-conscious affirmative action discriminates against Asian American applicants.
This work bolsters efforts by conservative partisan and lobbyist Edward Blum, who has made a career out of opposing civil rights measures for people of colour. Blum is best known as the architect of the Fisher v. University of Texas Supreme Court cases, which is the Right’s latest campaign to invalidate affirmative action in higher education. Outside of his interest in ending race-conscious affirmative action, Blum has backed numerous Supreme Court cases to reverse portions of the Voting Rights Act and to silence voters of colour. In the recently defeated Evenwel v. Abbott Supreme Court case, Blum and his fellow litigators argued that districts should be drawn so as to disenfranchise thousands of non-voting citizens, who are predominantly young people and people of colour. (AAAJ-AAJC talks about how Evenwel v. Abbott would have resulted in the disenfranchisement of numerous AAPIs).
Edward Blum is clearly no ally of the AAPI community. So, one must wonder why some Asian Americans would support his causes.