Harvard strongly agreee with the United States that neither the district court’s factual findings, nor the court of appeals’ application of the Supreme Court’s precedents to those findings, warrant further review. The Solicitor General is rightfully reaffirming that all universities, including Harvard, should have the freedom and flexibility to consider race, as one factor among many, to create the diverse campus communities essential to their educational missions and to the success of their students in the workplace and the world.
Now is not the time to reverse the unequivocal decisions of two federal courts reinforcing 40 years of Supreme Court precedent.