I’ve Read Harvard’s Brief in the Pending Racial Preferences Case, and I Have a Question

David Bernstein:

Here is the first sentence of the second paragraph in Harvard’s brief:

This Court has consistently held that universities conducting such holistic review need not ignore that a person’s race—like their home state, national origin, family background, or interests—is part of who they are, and that in seeking the benefits of a diverse student body, universities may consider race as one among many factors provided they satisfy strict scrutiny. [emphasis added]

Harvard gives preferences to three groups: African Americans, Hispanics, and Native Americans. The latter group is sufficiently small that I will put them aside for now. Meanwhile, I don’t think anyone is going to question whether, whatever one thinks of the concept of “race,” that African Americans constitute a “racial group” in American law and common parlance.