Boston Herald

Case pits individual rights against societal goals

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The Department of Justice weighed in on the litigation about Harvard’s admissions policy, asserting that those procedures are biased against Asian-Americans.

It would be easy for Harvard and its fans to dismiss this filing because it comes from the Trump administra­tion, but I have read the document and it seems pretty well-founded.

There seems little doubt that Harvard tilted its admissions process against Asian-Americans. At this point, Harvard even seems to concede that it did so. Instead, it argues that it was justified in this discrimina­tion because it had bigger fish to fry. Specifical­ly, it claims that the elusive goal of balancing its entering class to its preferred racial compositio­n justifies this conduct. The Justice Department contends it has other, raceneutra­l ways to accomplish this same goal.

I cannot predict what the judge will do. These are complicate­d legal issues and the case may very well get dismissed. But the underlying problem does not go away.

At what point are we willing to sacrifice individual­s in order to achieve societal goals? Harvard and its supporters claim that rectificat­ion of prior discrimina­tion against certain groups — principall­y African-Americans and Hispanics — justifies what they do. This is very little comfort to the individual­s who otherwise would have been admitted and whose forebears cannot even be credibly claimed to be responsibl­e for past practices. Indeed, history tells us they were generally victims.

Further, the defense would sound a bit more principled if Harvard hadn’t disguised its discrimina­tion by claiming that Asian-Americans seem to be less likable or don’t have positive personalit­ies. That kind of subterfuge strongly suggests that Harvard knew that what it was doing was wrong. Even worse, it recalls other groups — such as Jews, Italians and Irish — who suffered from the same type of discrimina­tion in the past, often justified by the same kind of assertions that they just “wouldn’t fit in.”

Harvard should stop weaseling. It should admit its past practices and live or die by its justificat­ion. Then we as a society can confront the choice between individual rights and group rights.

One other thing Harvard has to confront: It has tried to have its cake and eat it, too. In multiple documents, Harvard has officially agreed not to discrimina­te on the basis of race, color or national origin. It does so to reap as many federal dollars as it can. It seems Harvard is not willing to proclaim the very principles it now espouses are so important.

 ?? STAFF FILE PHOTO BY PATRICK WHITTEMORE ?? CONFRONTIN­G CONTROVERS­Y: A statue of John Harvard is seen at Harvard University in March.
STAFF FILE PHOTO BY PATRICK WHITTEMORE CONFRONTIN­G CONTROVERS­Y: A statue of John Harvard is seen at Harvard University in March.
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