Nate Raymond

(Reuters) – Monday’s ruling by a federal judge at Chapel Hill, North Carolina, was that the University of North Carolina did not discriminate against applicants from Asian and white backgrounds in a case closely monitored. The issue raised concerns about the inclusion of race into undergraduate student admissions.

U.S. District Court Judge Loretta Biggs ruled in Winston-Salem in the case of Students for Fair Admissions. The group, founded by Edward Blum (conservative anti-affirmative-action activist) was pursuing similar cases against Harvard University.

SFFA will appeal its Harvard case loss to the U.S. Supreme Court. It could allow its conservative majority to stop affirmative actions policies designed to increase Black students and Hispanics on American campuses.

SFFA alleged that UNC violated the U.S. Constitution, the Civil Rights Act and made race the dominant factor in admissions to its school to favour Black and Hispanic candidates to the disadvantage of Asian American and white applicants.

Biggs stated that UNC’s treatment of race was “strictly tailored”, constitutionally permitted, and promoted a “compelling interest in pursuing the educational benefits and attaining diversity.”

The 161-page decision was ruled by her that, while there is no reason for a student to be refused admission based solely on their race, the omission of it makes “important context to ignore racial barriers or obstacles that have already been encountered, overcame, and will continue to be overcome.”

UNC spokeswoman Beth Keith said that the decision “makes it clear that the university’s holistic approach to admissions is legal.”

Blum stated in a statement that he would appeal the decision to a federal appels court, and possibly to the Supreme Court. He said documents and data from the trial showed UNC’s systemic discrimination against applicants of non-minority.

Harvard was also accused by his group of discriminating against Asian Americans, and engaged in “racial balance” that is not allowed. A federal appeals court upheld Harvard’s policies last year.