f Justice Roberts for The Win // (Steven Hayward).
While driving home from work, I listened to five hours of Supreme Court oral argument. Although I plan to post a podcast tomorrow, one moment stands out for me. Seth Waxman was the primary lawyer defending Harvard. He was a former solicitor general under President Clinton. They were arguing about whether race is a “minor”, or a decisive, factor in admissions. This was because the defenders for race-conscious admissions tried to have it both way all day. Let’s continue the conversation in the middle.
MR. WAXMAN (NOT): I do. I’m -I’m trying to answer your question.
It is clear that applicants who are strong on multiple dimensions and so extraordinary on multiple dimensions that they are kind of on the bubble might be admitted to the university. This includes African Americans, Hispanics, and in some cases Asian Americans.
CHIEF JUSTICE ROBERTS – Well, people will say it, but you have to admit that if it provides one of many, it may be decisive in some cases.
MR. WAXMAN (English): I agree.
CHIEF JUSTICE ROBERTS (OK) We’re now referring to race as a determining factor for Harvard admissions.
MR. WAXMAN
CHIEF JUSTICE ROBERTS (Yes) We didn’t fight a Civil War over oboe-players.
In delight at the reply, I almost drove off the road. If the case goes the right way, I believe this will be one the key moments in Harvard’s loss.
