'A Cutting-Edge Issue': Dershowitz Breaks Down Harvard Discrimination Lawsuit
The suit, filed in 2014, is slated to go to trial on Monday and alleges that Asian-American applicants to the Ivy League institution have the lowest rate of admission compared to any other race.
Dershowitz said that the case will inevitably go to the United States Court of Appeals and potentially the Supreme Court.
"It's possible that Harvard could lose in front of a jury, but then I think they would probably win in front of an appellate court because appellate courts seem to, in general, give private universities ... great deference in how they pick their incoming classes," he said.
Harvard University has denied any bias, but said that eliminating race as a factor in its admissions would reduce the number of other admitted minority students.
Dershowitz added on Sunday that the case has the potential for immense implications.
"This is a cutting edge issue. Just the kind of issue that the new justices on the Supreme Court may tip the case from one side to the other.”
He said that the case also could be "an invitation to discrimination."
"The question isn't so much affirmative action in this case; it's whether the school should have the right to take into account more factors than grades," he said. "To look at the whole person, a well-rounded person.'
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