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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 ruled Tuesday the City of Omaha must release a video showing the death of a TV crewman during a shootout at Wendy's in 2014.Bryce Dion, a sound mixer on a shoot at a Wendy's in Omaha for the reality TV show "Cops," was shot and killed Aug. 26, 2014, after Omaha Police returned fire on a man who shot a pellet gun at officers. Officers were called to the restaurant on a report of a robbery.In the video, someone could be heard repeatedly asking, "Bryce, are you alright?" He can be seen slumped against a glass wall in the vestibule of the restaurant.Dion was wearing a bulletproof vest, but was hit with a bullet under his armpit. The suspect, Cortez Washington, who was using an airsoft pellet gun, was also killed.In 2016, Dion's brother, Trevor Dion, filed a wrongful death lawsuit against the city, which had asked a Douglas County District judge to bar the release of the video, according to the Omaha World-Herald. The lawsuit says Dion was doing as instructed when he was hit by gunfire from an Omaha police officer.“Bryce positioned himself where told, when told, and acted in accord with police officer instructions. The perpetrator drew what appeared to be a pistol, but proved to be a pellet gun that simulated discharge. Police responded with live rounds of ammunition. They shot and killed the perpetrator. As they did so, they also shot and killed Bryce who was positioned as directed between at least one police officer who arrived at the scene belatedly, other police officers, and the perpetrator.”Brian Jorde, Dion's attorney, says he plans to use the video and other evidence at trial. The proceedings are expected to begin sometime after July."There's approximately 20 bullet holes just near the area of where Mr. Dion was alone so there's a significant amount of gunfire that was exchanged," Jorde said. "We think the public deserves to know what happens when their taxpayer dollars are at work with the police and otherwise. And I think it sheds light on exactly what happened and that Mr. Dion was caught in the line of the crossfire through no fault of his own."Omaha City Attorney Paul Kratz said the city played the video in court Tuesday to support its motion for the case to be dismissed."The city presented the video to the court in support of its motion for summary judgment, and we believe the video will support that motion," Kratz said when reached by phone Tuesday night. 2468

A brutal attack on a McDonald's drive-thru worker in Michigan has the victim speaking out against her attacker."He drove up and I opened the window halfway to take his money. He shot me with a paintball gun and drove off," the victim said. She also recalls that the customer's weapon closely resembled a real handgun. The entire terrifying ordeal still has her in shock."It wasn't like I was being nasty or anything. I just took his order and he wasn't satisfied with the answer he had got," she says. It happened at 1:30 am, at McDonald's in Dearborn, Michigan at Michigan and Gulley.The shooter is described as a black male in his 30s, heavy set with a hat, driving a late model black colored Ford Crown Victoria. The victim is expected to make a full recovery. However, she hasn't decided if she'll return to work at McDonald's.  870

A carjacker is dead on Milwaukee north side, shot by the man he was trying to rob according to police.Officers said the shooter was legally carrying a gun and is now cooperating with them.People living near the incident said it is concerning since the attempted carjacking happened around the same time they start their day.Just before 6 a.m. Monday, police said a 21-year-old with a gun tried to steal a car from a man on his way into work. "It's really sad that a person would do that as far as try to rob someone who was going to work," said Kinyata Hendriex who lives nearby."A lot of young people think this is a game and that's it's just only fun. This is not fun," said Milwaukee Police Captain Andra Williams.The victim had a concealed carry permit, pulled out his own gun and fired. People say even if the shooting was justified it is not something someone should have to live with."Life threatened, if you got the opportunity then certainly it's within their right to go ahead and do that. It's sad," said nearby business owner Sean O'Byrne."I think it's a tragic situation. It's sad," said Hendriex.Police don't think the man who was shot was alone. They are looking for another vehicle that was seen with the carjacker.  According to police, it will be up to the District Attorney's office to determine if the shooting was justifiable. 1365

A Lake Geneva, Wisconsin family is trying to raise money to bring their teenager home from a trip overseas where he became ill.Nathan Dyer traveled to Morocco with his cousin Ashley Benyamina and her husband Mohammed who is from the North African country. He fell ill on April 15 and is now in a coma receiving care in Paris. The beginning of the trip was great, Ashley and Mohammed said, and Nathan was enjoying everything the country had to offer.“He was in the desert running in the dunes, he was climbing mountains we were playing soccer in the streets,” Mohammed said.Then when the three returned to Marrakesh, Nathan started exhibiting symptoms of what they thought was travelers sickness. Doctors gave him antibiotics and told him he’d be better in three or four days. That didn’t happen, so they made another doctor’s appointment.“The appointment was like at 3 p.m. and at 2 p.m. He said, 'I’m really not feeling well, I think I have to go' and then he collapsed on the floor," Ashley said. Nathan has been in a coma ever since. Nathan had traveler’s insurance which got him transported by air ambulance to Paris for better care. That’s where he remains now.His mother has flown there to be with him. His insurance maxed out at ,000 for the trip from Morocco to Paris. Now family members have set up a?GoFundMe.com?page to help with expenses. Doctors still aren’t exactly sure what is wrong with Nathan. He is currently receiving blood plasma transfusions and still remains in a coma-like state.  1575