Asian-American plaintiffs are 'pawns' in affirmative action lawsuit, says professor

The U.S. Justice Department is throwing its weight behind a lawsuit filed on behalf of Asian-American students, who claim that Harvard University's admission policies discriminated against them.

A trial for the case has been scheduled for next month.

But more than 500 academics with expertise in Asian-American studies, race and education access have submitted an amicus brief in support of Harvard.

Jennifer Lee is one of the signatories. She has been following this case closely, as a professor of sociology at Columbia University, and a principal investigator behind the National Asian American Survey — the largest academic survey of Asian-Americans in the U.S.

Here is part of her conversation with As it Happens guest host Helen Mann.

Professor Lee, let's begin with the lawsuit itself. What exactly does it claim?

The lawsuit was filed by the Students for Fair Admissions, which is headed by Edward Blum. And he claims that Harvard unfairly caps the number of Asian-American applicants by using a racial quota, and by using racial balancing.

And so what he has argued is that Asian-American students are at a disadvantage because of their race, which is not true at all.

Well, how is it that a lawsuit that's filed on behalf of Asian-American students is arguing against a program that is actually supposed to help minority groups?

That's an excellent question. Let me step back a little bit and tell you a little bit about Edward Blum.

A lot of the media has framed the lawsuit as started by Asian-American plaintiffs. But it's actually orchestrated by Edward Blum, who's a self-described legal entrepreneur, and former stockbroker who has been a longtime crusader against affirmative action. 

And before he started this case, he orchestrated the case against affirmative action at the University of Texas at Austin using Abigail Fisher, a white woman, as the plaintiff.

The Asian-American students, Blum argues, achieve higher test scores and higher grades, yet are admitted at a lower rate.

So, basically, this is a suit that is designed to attack affirmative action?

It is absolutely that. Edward Blum has had no interest in supporting Asian-Americans, or Asian-American concerns or issues, prior to this. He actively sought Asian-American plaintiffs when he lost with Abigail Fisher in the last challenge to affirmative action. 

This has little to do with Asian-Americans. Asian-Americans are being used as pawns, and a wedge, in his fight against affirmative action. 

Blum has argued is that when you take race out of the equation, Asian-Americans would benefit. But all the research shows that it's white Americans who would benefit most.- Columbia University professor Jennifer Lee

Do you know who these plaintiffs are?

Most of the plaintiffs are applicants who have been rejected by Harvard. They typically, from what I've seen, are of Chinese descent.

As a group, Chinese-Americans are the least supportive of affirmative action of all the Asian ethnic groups. The majority of Asian-Americans — about 65 percent — support affirmative action. But in our data, we find the support among Chinese-Americans has dropped. There is a very highly-mobilized, conservative, and very vocal group of Chinese-Americans who is driving the narrative for all Asian-Americans, even though they are in the minority.

But you described these particular plaintiffs as pawns, implying they don't know what they're doing. Is it possible they feel they have a legitimate claim here, given that they were rejected by Harvard?

When I say "pawns," I mean no disrespect to the plaintiffs themselves. I use that [term] to refer to Edward Blum — in that he has actively sought to use Asian-Americans for his cause.

The data doesn't [show] that Asian-Americans on average are experiencing the kind of discrimination bias that the Students for Fair Admissions claim, and that Edward Blum claims.

• U.S. Justice Department backs discrimination suit against Harvard

Why do you think the Justice Department has thrown its support behind the case?

I think it's quite obvious that Trump and the Justice Department have taken a number of steps to disenfranchise minority groups and undocumented immigrants, and now even citizens. 

So their involvement is not a surprise. They're doing everything they can to take away rights that have actually boosted the diversity of our country and the opportunities for all Americans.

One of the things that Blum has argued is that when you take race out of the equation, Asian-Americans would benefit. But all the research shows that it's white Americans who would benefit most, because they are scoring higher on other kinds of indicators— like extra-curricular, athletic and legacy [students with at least one parent who attended Harvard].

Written by Kevin Ball and Donya Ziaee. Interview produced by Donya Ziaee. This Q&A has been edited for length and clarity.