U.S. Sen. John Kennedy recently joined a bicameral group of 82 legislators, including Sen. Ted Cruz (R-Texas) and Rep. Michelle Steel (R-Calif.), in filing an amicus curiae (“friend of the court”) brief to the Supreme Court in the cases Students for Fair Admissions vs. Harvard and Students for Fair Admissions v. University of North Carolina.

At both schools, considering race allowed admissions offices to discriminate against Asian-American applicants, despite their superior GPAs and standardized test scores.

“Harvard College and the University of North Carolina indisputably use race as an important consideration in deciding whom to admit. Record evidence suggests, in fact, that the challenged admissions policies may strive for racial balancing—an aim that is unconstitutional on its face,” lawmakers wrote.

Sens. Mitch McConnell (R-Ky.), Marsha Blackburn (R-Tenn.), John Boozman (R-Ark.), John Cornyn (R-Texas), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.), Lindsey O. Graham (R-S.C.), Chuck Grassley (R-Iowa), Josh Hawley (R-Mo.), Mike Lee (R-Utah), Rand Paul (R-Ky.), and Rick Scott (R-Fla.) also joined the brief.

“Race-conscious admissions decisions inflict a heavy toll on Asian-American students. Treating them differently because of their race is a stark departure from equal protection decisions issued early on by this Court, which guarded Asian immigrants from racial prejudice. And the burdens imposed on petitioner illustrate a wider trend. Asian-Americans are increasingly victimized by discriminatory practices,” they explained.

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