Discriminated against, the oldest University of the United States to Asian applicants? In Boston, a court begins on the Monday procedure, the direction could be a trendsetter for the USA. The Association “Students for Fair Admissions” (“students for fair admission”) has sued the elite University of Harvard.

The main allegation: Asians and Asians, which are characterized by outstanding performance, will be at a disadvantage in softer rating categories for personality in a systematic way. The lawsuit had already been 2014 submitted. In the course of the process, Harvard had to put the actually, secret assessments of Applicants open.

According to “Students for Fair Admissions”, it is clear from the data that origin and skin color are not only important, but decisive factors in the admission process. To be “in an Asian applicant, the basis of his notes a Chance of 25 percent, adopted, would increase that Chance to 35 per cent, if he were white,” quoted in a CNN report from the statement of Claim. “He would be Latino, would be the Chance at 75 percent, he would be African-Americans, even at 95 percent.”

Affirmative Action to protect their minorities

The Harvard-responsible reject these allegations categorically. From their point of view it is a misinterpretation of the evaluated assessments. At the same time, they admit that the origin and descent are among the many factors in the evaluation of Applicants. This is in the context of the so-called positive discrimination is permissible.

in 1978, had said the Supreme Court in a landmark judgment, quota regulations at the time of study admission, but skin approved color and origin as a criterion for the assessment of applicants. Through the Affirmative Action to ensure that minorities have an easier access to higher education.

“Students for Fair Admissions” is the conservative legal strategist, Edward Blum, who has long tried to overturn the Affirmative Action. Prior to Harvard, Blum had sued the University of Texas, because they want to discriminate against alleged white students. In the process involved the student, Abigail Fisher, who was denied in 2008, the admission to the course. After a year-long process, the Supreme Court had dismissed its action in 2016.

Kavanaugh to be a decisive factor?

Should land in the current process, even before the United States Supreme court, which both sides assume, expects Blum to better opportunities. The reason for this is the Donald Trump named the most conservative judge Neil from gorsuch and Brett Kavanaugh, whose nomination was made against him of rape allegations are hotly disputed.

The decisive voice in the process of 2016, was that of justice Anthony Kennedy, has just been replaced by Kavanaugh. How important is the naming Kavanaughs for the US President could show up in this case. The Trump Administration had announced the Affirmative Action in the past year, the fight.

Should it actually come to a new decision of principle, which speaks to the judgment of 1978, would have not only impact on Harvard, but to all US universities. This could help Asian students and other ethnic minorities, but the access to higher education more difficult.