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A lawsuit against Harvard brought on behalf of Asian-American students who failed to gain admission goes to trial on Monday in one of the most consequential race cases in decades, with affirmative action policies across the country at stake.The lawsuit was crafted by conservative advocates who have long fought racial admissions practices that traditionally benefited African-American and Latino students. Their ultimate goal is to reverse the 1978 Supreme Court case that upheld admissions policies that consider the race of students for campus diversity.Parties on both sides expect the Supreme Court to eventually resolve the issue. And with President Donald Trump's two appointees, Justices Neil Gorsuch and Brett Kavanaugh, the high court now has five conservative justices who may be inclined to reverse the landmark ruling.The challengers are led by Edward Blum, a conservative activist who has devised a series of claims against racial policies, including an earlier affirmative action lawsuit on behalf of Abigail Fisher against the University of Texas and several challenges to the 1965 Voting Rights Act.Justice Anthony Kennedy, the key vote in 2016 when the court last endorsed race-based admissions in the University of Texas case, was replaced by Kavanaugh earlier this month. Gorsuch succeeded the late Justice Antonin Scalia, who had opposed all affirmative action and criticized the University of Texas program, but died before that case was completed.The Students for Fair Admissions group Blum founded when he filed the Harvard case in November 2014 contends the university engages in unlawful "racial balancing" as it boosts the chances of admissions for blacks and Hispanics and lowers the chances for Asian Americans.Harvard's practices, the group says, are "the same kind of discrimination and stereotyping that it used to justify quotas on Jewish applicants in the 1920s and 1930s."That assertion has deeply resonated with some Asian Americans who fear they are held to a higher standard than other applicants to prestigious universities. Yet Asian-American advocates, representing a wide swath of backgrounds and educational experiences, have come in on both sides of the case.Some who back the lawsuit seek to end all consideration of race in admissions, while others, siding with Harvard, argue that universities should be able to consider race for campus diversity and that some Asian Americans, particularly those with ties to Southeast Asian countries, may have had fewer educational opportunities before applying to college.The NAACP Legal Defense and Educational Fund filed a brief on behalf of 25 Harvard student and alumni organizations comprising blacks, Latinos, Native Americans, Asian Americans and whites. The Legal Defense Fund calls the lawsuit an effort "to sow racial division" and emphasizes the Supreme Court's repeated endorsement of the 1978 case Regents of the University of California v. Bakke.Those subsequent rulings, however, turned on a single vote, either that of Kennedy or Justice Sandra Day O'Connor, who retired in 2006.The Trump administration, which is separately scrutinizing of race-based admissions practices at Harvard through its Education and Justice departments based on a complaint from more than 60 Asian American groups, has backed Students for Fair Admissions.Harvard, the country's oldest institution of higher education, denies that it engages in racial balancing or limits Asian-American admissions. It defends its longstanding effort for racial diversity as part of the education mission and says admissions officers undertake a "whole-person evaluation" that includes academics, extracurricular activities, talents and personal qualities, as well as socioeconomic background and race.Since the case was first filed, both sides have mined similar statistical evidence and testimony but with sharply contrasting conclusions -- all of which will now be presented before US District Court Judge Allison Burroughs."Each party relies on its own expert reports to show the presence or absence of a negative effect of being Asian American on the likelihood of admission ... and claims that there is substantial -- or zero -- documentary and testimonial evidence of discriminatory intent," Burroughs said in an order last month rejecting requests from both sides to rule for each, respectively, before trial.The case was brought under Title VI of the 1964 Civil Rights Act, prohibiting racial discrimination at private institutions that receive federal funds.Burroughs, a 2014 appointee of President Barack Obama, has said she expects the trial to last about three weeks. Both sides will offer opening statements on Monday. 4719
A judge in Georgia has dismissed a Trump campaign lawsuit that raised concerns about a handful of absentee ballots in Chatham County.The Associated Press reports that Chatham County Superior Court Judge James Bass dismissed the lawsuit and did not provide an explanation for his decision at the close of a one-hour hearing.The lawsuit concerned 53 absentee ballots that were not part of an original batch of ballots. At the hearing, county officials testified that the ballots in question had been received on time.The decision comes as Joe Biden continues to narrow the razor-thin lead that President Donald Trump currently has in the state.Donald Trump held a 1.2% advantage in the state with 96% of the expected vote counted on Wednesday evening.As of Thursday afternoon at 3 p.m. ET, Georgia Sec. of State Brad Raffensperger's says that about 47,000 votes remained uncounted. Echoing comments made at a morning press conference, officials said they hope they will be able to finish the count by the end of the day.Trump won the state by 5% in 2016. The last time a Democrat won Georgia was in 1992 when Bill Clinton narrowly defeated George H.W. Bush by .5%. 1170

A John Wayne exhibit in the main hall of USC’s School of Cinematic Arts will be removed. The decision comes after renewed visibility of some of the actor’s comments, and recent conversations about removing statues and memorials of those who promoted hateful views."Conversations about systemic racism in our cultural institutions along with the recent global, civil uprising by the Black Lives Matter Movement require that we consider the role our School can play as a change maker in promoting antiracist cultural values and experiences," Assistant Dean of Diversity and Inclusion Evan Hughes said in a statement.While the statement from the University of Southern California did not directly mention it, Wayne’s legacy has been re-examined recently after a 1971 interview with Playboy went viral last year. In the interview, Wayne shared derogatory views of African Americans, Native Americans and films with gay characters."I believe in white supremacy until the blacks are educated to a point of responsibility," the actor said during the 1971 interview. "I don't believe in giving authority and positions of leadership and judgment to irresponsible people."When the interview was widely shared last year, many USC students and others called for the school to remove the Wayne exhibit, according to USC student news outlet Annenberg Media. 1351
A federal court judge in California on Monday ordered the US government to make immediate changes to how it treats undocumented immigrant children it has placed in secure facilities.The court's orders ranged from very specific demands, such as to get informed consent or a court order before giving children psychotropic medications at the Shiloh Treatment Center in Texas, to sweeping orders requiring the government to stop imposing conditions that have led to months of delays before it releases minors to parents or relatives.CNN previously reported on the wide-ranging abuses at Shiloh and other facilities described by children in sworn declaration in the case that led to Monday's order. These included cases of children being forcibly medicated, assaulted, and restrained for long periods of time, among other allegations. 838
A joint statement released by federal and state officials on Thursday described last week’s presidential election as the “most secure in American history” despite calls from President Donald Trump’s campaign that the election was “stolen.”The letter was signed by leaders of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, the U.S. Election Assistance Commission and the National Association of State Election Directors, among others. The Cybersecurity and Infrastructure Security Agency was established two years ago as a branch of Homeland Security during the Trump administration.In bold, the authors of the statement wrote, “There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.” This statement matches those from secretaries of state and boards of election throughout the US.“The November 3rd election was the most secure in American history,” the statement reads. “Right now, across the country, election officials are reviewing and double checking the entire election process prior to finalizing the result.”The group says that claims of election fraud are “unfounded.”“While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections, and you should too,” the statement read. “When you have questions, turn to elections officials as trusted voices as they administer elections.”Earlier this week, CNN among other outlets, reported that the Department of Justice, under Attorney General Bill Barr’s direction, was launching an investigation into voting irregularities. This prompted the DOJ’s top election investigator to quit in protest.Thursday’s statement comes nine days after the 2020 presidential election, which had record-breaking turnout. After four days of counting votes, Joe Biden was projected as the president-elect on Saturday after gaining a modest lead in the states of Pennsylvania and Nevada amid the final vote tabulating.While there are a few ongoing legal battles between election officials and the Trump campaign, those so far have not resulted in a significant number of votes to change to put Biden’s election victory in doubt. 2315
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