Constitutional law expert Alan Dershowitz says the U.S. Supreme Court could end alleged admission discrimination practices against Asian students when it hears the case in the fall.
"What's at stake is the future of college admissions, both in public and private universities," Dershowitz said during an appearance on Newsmax TV's "America Right Now" on Saturday.
"All schools now discriminate obviously in favor of African Americans, and by setting a floor on African Americans, they set a ceiling on other minorities, such as Asian Americans."
The high court decided in January to take up the case in the fall term.
It alleges that Harvard and the University of North Carolina's use of affirmative action in their admission processes end up hurting Asian students by cutting off top achieving students in the name of creating a more diverse student body, the New York Times reported in January.
"Affirmative action has repeatedly been administered last rites during the last five decades," Justin Driver, a law professor at Yale, told the Times. "But these two cases unmistakably pose the gravest threats yet to affirmative action's continued vitality."
The lawsuits allege the schools use "subjective" measures, like likability, courage, and kindness instead of test and academic performance to admit students that favor those that do not represent the highest academic achievers, such as Asian students.
Harvard attorneys say the school rely on "flawed data" and deny that it is discriminating against Asian students.
The University of North Carolina is accused of giving preference to Black, Hispanic, and Native Americans, over white or Asian students in the name of "fostering educational diversity," as claimed by the school.
According to the report, the court's new conservative majority may be inclined to find against the schools, overturning previous rulings supportive of the affirmative action practices.
Dershowitz said the practices currently under scrutiny are "immoral," and "unconstitutional."
"Why should that privileged Black student get an advantage over the unprivileged Asian American or other American [student]," Dershowitz said. "It's not meritocracy. It's not fair, it's unconstitutional, and it's immoral."
If the court does rule against the schools, he said they will likely look for ways to get around the ruling and keep some "discrimination" in admissions.
"[The court is] going to end racial preferences, and the universities will do everything in their power to circumvent the decision," he said. "Universities will act like southern schools after segregation. They will find every excuse to try to circumvent the United States Supreme Court decision and will make little effort to move towards meritocracy."
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