Could an Anti-Asian Joke in Harvard Case Prove Affirmative Action’s — and a Federal Judge’s — Undoing?

The jurist hearing the case at trial kept secret an ‘inappropriate, anti-Asian, stereotypical, poor attempt at a joke’ about a fake Filipino that an official at the Office for Civil Rights sent Harvard’s dean of admissions.

AP/Elise Amendola
The campus of Harvard University at Cambridge, Massachusetts. AP/Elise Amendola

If the Supreme Court finds that Harvard’s consideration of race in its admissions policy is an offense to the Constitution, to which court will the justices be able to turn to give its ruling effect? That question has come into focus as it appears as if remand could require recusal on the part of Judge Allison Burroughs, in whose courtroom the case was first heard.

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