Sotomayor, J., dissenting
Asian American students. Ante, at 43–44. It is true that SFFA “allege[d]” that Harvard discriminates against Asian American students. Ante, at 43. Specifically, SFFA argued that Harvard discriminates against Asian American applicants vis-à-vis white applicants through the use of the personal rating, an allegedly “highly subjective” component of the admissions process that is “susceptible to stereotyping and bias.” Harvard II, 980 F. 3d, at 196; see Brief for Professors of Economics as Amici Curiae 24. It is also true, however, that there was a lengthy trial to test those allegations, which SFFA lost. Justice Thomas points to no legal or factual error below, precisely because there is none.
To begin, this part of SFFA’s discrimination claim does not even fall under the strict scrutiny framework in Grutter and its progeny, which concerns the use of racial classifications. The personal rating is a facially race-neutral component of Harvard’s admissions policy.[1] Therefore, even assuming for the sake of argument that Harvard engages in racial discrimination through the personal rating, there is no connection between that rating and the remedy that SFFA sought and that the majority grants today: ending the limited use of race in the entire admissions process. In any event, after assessing the credibility of fact witnesses and considering extensive documentary evidence and expert testimony, the courts below found “no discrimination against Asian Americans.” Harvard II, 980 F. 3d, at 195, n. 34, 202; see id., at 195–204.
There is no question that the Asian American community continues to struggle against potent and dehumanizing stereotypes in our society. It is precisely because racial discrimination persists in our society, however, that the use of
- ↑ Before 2018, Harvard’s admissions procedures were silent on the use of race in connection with the personal rating. Harvard II, 980 F. 3d, at 169. Harvard later modified its instructions to say explicitly that “ ‘an applicant’s race or ethnicity should not be considered in assigning the personal rating.’ ” Ibid.
