The Harvard Crimson - Volume CXLIX, No. 2

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The Harvard Crimson THE UNIVERSITY DAILY, EST. 1873

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VOLUME CXLIX, NO. 2 |

CAMBRIDGE, MASSACHUSETTS

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TUESDAY, JANUARY 25, 2022

OP-ED PAGE 4

SPORTS PAGE 6

SPORTS PAGE 6

Harvard must pay attention to the consequences of its Allston expansion.

Men’s hockey faced St. Lawrence and Clarkson in conference matchups.

Women’s basketball trounced Cornell on Saturday.

SCOTUS TO HEAR ADMISSIONS SUITS Law Court Takes Up Cases School Against Harvard, UNC Clinic Sues ICE By RAHEM D. HAMID and NIA L. ORAKWUE CRIMSON STAFF WRITERS

The Supreme Court on Monday agreed to take up a pair of lawsuits challenging race-conscious admissions policies at Harvard and the University of North Carolina, setting the stage for a high-stakes decision that could determine the future of affirmative action in higher education. The lawsuits, both brought by the anti-affirmative action group Students for Fair Admissions, charge that Harvard College and UNC discriminate against Asian American applicants and violate civil rights law by considering race in their admissions processes. Lower courts have ruled in favor of both schools, which deny the al­

legations. The suits, which justices will consider together, will be the first major affirmative action case to come before the court’s recently-expanded 6-3 conservative majority. SFFA first sued Harvard in 2014, arguing that the school’s admissions processes violate the Civil Rights Act of 1964, which bans institutions that receive federal funds from discriminating “on the grounds of race, color, or national origin.” A federal judge ruled in favor of Harvard in 2019, a decision upheld by an appeals court in 2020. SFFA appealed the case to the Supreme Court last February. SFFA asked the Supreme Court in November to hear the

By ANNE M. BRANDES and ELIZABETH K. ROOSEVELT CRIMSON STAFF WRITERS

CRIMSON STAFF WRITERS

After the Supreme Court agreed Monday to take up a lawsuit challenging race-conscious admissions processes at Harvard and the University of North Carolina, legal experts say the case could spell the end of affirmative action in higher education. The Supreme Court’s decision to hear the case marks the latest update in a contentious seven-year-long legal battle between anti-affirmative action group Students for Fair Admissions and Harvard. SFFA first sued Harvard in 2014, alleging that the school’s admissions practices discriminate against Asian American applicants. ­

tions, but SFFA petitioned the Court to review the decision in February last year. Harvard student leaders and alumni voiced dismay over the Court’s decision to hear the case, which could determine the future of affirmative action in higher education. Asian American Womxn’s Association co-president Angie D. Shin ’23 said race is an “inevitably impactful factor” to consider in admissions. She added she is “curious” about how the case will be ruled, both due to the Court’s makeup — a 6-3 conservative majority — and the case’s complexity. “I am very apprehensive because of the current lineup of Supreme Court justices that will be reviewing the case, and

SEE STUDENTS PAGE 3

SEE HLS PAGE 5

SEE SCOTUS PAGE 3

MADISON A. SHIRAZI—CRIMSON DESIGNER

Court’s Move Could Mean the End of Affirmative Action in Higher Ed By RAHEM D. HAMID, NIA L. ORAKWUE, and VIVI E. LU

A Harvard Law School clinic filed a federal lawsuit against United States immigration authorities last month over the government’s refusal to provide records about the use of solitary confinement in immigrant detention centers. The Harvard Immigration and Refugee Clinic, one of 23 clinics housed at HLS, charged that the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement failed to provide public records in response to Freedom of Information Act requests. The clinic sued the agencies after its FOIA requests “languished for years,” Sabrineh Ardalan, the Harvard Law School clinic’s director, wrote in an email. The U.S. government is required by federal law to provide full or partial disclosure of previously unreleased documents and information. The suit, filed on Dec. 13, called on the agencies to turn over requested records “concerning the use of solitary confinement in immigration detention.” George Biashvili, a thirdyear Harvard Law student who joined in submitting the suit, said the government turned over just 31 censored pages out of thousands requested. “The federal government has the duty to produce the information that’s requested,” Biashvili said. “Just because [new immigrants] don’t have citi­

Harvard Law School professor Richard H. Fallon Jr. said the Court’s choice to accept the petition could be “a major setback” for affirmative action initiatives. “This is bad news for Harvard and Harvard’s admissions program, and it could turn out to be very bad news,” Fallon said. “There was no reason whatsoever for the Supreme Court to grant cert in this case, except for the purpose of giving very serious consideration to either sharply cutting back on what it takes to be the legal permissibility of affirmative action or holding affirmative action to be unconstitutional all together,” he added. Laurence H. Tribe ’62, who taught constitutional law at Harvard for 54 years, said he

believes a majority of the current Supreme Court justices are in agreement with SFFA’s claims. “It seems to me absolutely clear that six justices on the current Court believe that any consideration of race in university admission policies either violates the 14th amendment, in the case of a state university like the University of North Carolina, or violates Title VI, in the case of a university like Harvard that receives federal funding,” Tribe said. “I don’t think there’s any mystery about it.” Harvard Law School professor emeritus Alan M. Dershowitz said the decision to grant certiorari, which requires four or more votes, suggests that at least four justices may vote

SEE EXPERTS PAGE 3

SCOTUS Cases Worry Student, Alum Groups By LEAH J. TEICHHOLTZ, ELLA L. JONES, and MONIQUE I. VOBECKY CRIMSON STAFF WRITERS

Leaders of Harvard student cultural groups expressed disappointment — and cautious optimism — following the Supreme Court’s decision Monday to hear a set of lawsuits challenging race-conscious admissions practices. Anti-affirmative action group Students for Fair Admissions brought the lawsuits against Harvard and the University of North Carolina, alleging the schools discriminate against Asian American applicants and violate civil rights law by considering race in their admissions processes. Lower courts ruled in favor of the schools, which deny the allega-

Actors Honored by Undergrads Decry Covid Isolation Policies Hasty Pudding By VIVIAN ZHAO and LUCAS J. WALSH CRIMSON STAFF WRITERS

Harvard’s new set of Covid-19 protocols have garnered mixed reviews among students, who raised concerns about the College’s new isolate-in-place and contact tracing policies. The University announced in early January it would continue operating at full residential capacity and maintain in-person instruction, despite the emergence of the Omicron variant. In a series of emailed guidance to students, Harvard provided more details on its policies for the semester, flagging that students who test positive will now isolate in place. The policy marked a significant shift from prior protocol, under which infected students moved into isolation housing. In another shift from the previous policy, infected students will also be expected to conduct contact tracing themselves. Ethan G. Tran ’24, who lives in a suite of six students — two of whom tested positive over the weekend — said that staying safe while living with suitemates who have Covid-19 felt a little bit like “flailing in the dark.” “Our suite’s really close,” Tran continued. “So it was nice to have that, and I’m kind of worried for other people that might not have, necessarily, that connection with their suitemates or people in the Harvard community. It can be kind of hard, and I think it would be really scary.” ­

Hasty Pudding Theatricals named Jason Bateman and Jennifer Garner as its 2022 Man and Woman of the Year. COURTSEY OF HASTY PUDDING THEATRICALS By CHRISTINE MUI and AUDREY M. APOLLON CRIMSON STAFF WRITERS

Actors Jennifer Garner and Jason Bateman will be the Hasty Pudding Theatricals 2022 Man and Woman of the Year, the organization announced earlier this month and last month. The Hasty Pudding Theatricals — the oldest collegiate social club in the United States — began granting the Man and Woman of the Year awards to performers in 1951 and 1967, respectively, to acknowledge their lasting impact on the entertainment industry. Past recipients of the awards include Viola Davis, Paul Rudd, Anne Hathaway, and Clint Eastwood. Garner is known for her performances in the television show “Alias” and in movies ­

INSIDE THIS ISSUE

Harvard Today 2

such as “13 Going on 30,” “Love Simon,” and “Juno.” She is also a co-founder of Once Upon a Farm, an organic food company focused on producing sustainable food for children. An Emmy- and Golden Globe-winning actor, Bateman directs and stars in the Netflix series “Ozark.” At the age of 18, he became ​​the youngest director in the Directors Guild of America when he directed three episodes of “The Hogan Family.” Bateman is also known for his leading roles in movies “Game Night” and “Horrible Bosses” and television show “Arrested Development.” In 2010, he co-founded Aggregate Films, which produced the Emmy-nominated HBO drama

SEE PUDDING PAGE 5

News 3

Editorial 4

Sports 6

The Harvard Square Hotel served as isolation housing last semester for students who tested positive for Covid. TRUONG L. NGUYEN—CRIMSON PHOTOGRAPHER

Isabella “Bella” Tarantino ’24, another member of the same suite, said that Harvard’s new policy letting individual instructors decide whether their class will be in-person or online for the first week put her in a difficult situation. “They still told me to come to class [despite exposure] but I think that’s like a big risk and puts me in an uncomfortable position where I have to go to class or else I’m losing points or I’m messing up my grade,” Tarantino said. “But I also morally feel I should not [go to class] because if this was last semester, I would have stayed home — they would

TODAY’S FORECAST

have made me stay home.” Students said it was surprising that Harvard expected students to conduct their own contact tracing. “Contact tracing yourself may be kind of difficult, and I imagine that a lot of people aren’t going to be trying to do that,” said Hayden T. Teeter ’24. Alvira Tyagi ’25, who has multiple allergies that affect her breathing, initially said she was worried about the isolate-inplace policy. But Tyagi said she felt more optimistic once the College clarified in a later email that there would be alternative housing – albeit limited and not

PARTLY SUNNY High: 42 Low: 15

guaranteed – for roommates of those who tested positive. Teeter said he thinks offering the alternative housing option is “a really good move,” though he himself is not likely to move out if his roommate tests positive. “I don’t have any pre-existing conditions causing me to be more susceptible to COVID, and I have a booster, so I’d probably just stick it out,” he said. Melissa M. Shang ’25, who has a disability that puts her at high-risk of Covid-19 complications, raised concerns about

SEE COVID PAGE 5

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