Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/224

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STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE

Jackson, J., dissenting

must submit standardized test scores and other conventional information.[1] But applicants are not required to submit demographic information like gender and race.[2] UNC considers whatever information each applicant submits using a nonexhaustive list of 40 criteria grouped into eight categories: “academic performance, academic program, standardized testing, extracurricular activity, special talent, essay criteria, background, and personal criteria.”[3]

Drawing on those 40 criteria, a UNC staff member evaluating John and James would consider, with respect to each, his “engagement outside the classroom; persistence of commitment; demonstrated capacity for leadership; contributions to family, school, and community; work history; [and his] unique or unusual interests.”[4] Relevant, too, would be his “relative advantage or disadvantage, as indicated by family income level, education history of family members, impact of parents/guardians in the home, or formal education environment; experience of growing up in rural or center-city locations; [and his] status as child or stepchild of Carolina alumni.”[5] The list goes on. The process is holistic, through and through.

So where does race come in? According to UNC’s admissions-policy document, reviewers may also consider “the race or ethnicity of any student” (if that information is provided) in light of UNC’s interest in diversity.[6] And, yes, “the race or ethnicity of any student may—or may not—receive a ‘plus’ in the evaluation process depending on the in-


  1. 567 F. Supp. 3d 580, 595 (MDNC 2021).
  2. Id., at 596; 1 App. 348; Decl. of J. Rosenberg in No. 1:14–cv–954 (MDNC, Jan. 18, 2019), ECF Doc. 154–7, ¶10 (Rosenberg).
  3. 1 App. 350; see also 3 id., at 1414–1415.
  4. Id., at 1414.
  5. Id., at 1415.
  6. Id., at 1416; see also 2 id., at 706; Rosenberg ¶22.