Cruz Statement on Today’s Oral Arguments in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina

WASHINGTON, D.C. – U.S. Senator Ted Cruz (R-Texas) released a statement today following oral arguments before the U.S. Supreme Court in the cases Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina:

“The use of affirmative action to decide who gets to attend which colleges has led to explicit racial discrimination against Asian Americans in particular, and government’s treating them differently because of their race is a direct violation of their 14th Amendment rights. I was encouraged by today’s oral arguments, and look forward to the decision when the Supreme Court will hopefully end blatant racism in the college admissions process. We can help expand opportunity for minorities without discriminating based on race, and I’m proud to fight for every American’s right to be able to achieve the American dream.”

Sen. Cruz has an extensive history of advocating for non-discriminatory college admissions processes, including leading and filing the Supreme Court amicus curiae (“friend of the court”) brief to the Supreme Court for both of the cases argued today.

Read the text of the amicus brief here.

Long a vocal and active opponent of affirmative action discrimination, Sen. Cruz has worked throughout his time in the Senate to fight this discriminatory practice:

•  On April 22, 2021, Sen. Cruz forced a roll call vote on an amendment to prohibit Federal funding for any institution of higher education that discriminates against Asian Americans in recruitment, applicant review, or admissions.

• Sen. Cruz wrote a letter to Attorney General Merrick Garland expressing concern about the DOJ’s waiver allowing Solicitor General Elizabeth Prelogar to participate in the case. Prelogar’s impartiality is jeopardized given that her alma mater and former employer, Harvard College, is a party. 

•   Sen. Cruz wrote an op-ed in National Review with Rep. Michelle Steel opposing affirmative action. 

• In the precursor case, Fisher v. University of Texas (2013), Sen. Cruz said, “Today, by a 7-1 vote, the Supreme Court vacated the lower court ruling upholding the University of Texas’s use of racial preferences in admissions. Discriminating because of race is wrong, and this was a victory for our color-blind Constitution. In recent years, universities have made major strides to expand admissions for minorities and low-income students, working hard for the American dream. Universities should continue to do so, expanding opportunity for everyone--but that can be accomplished without discriminating on the basis of race.” 

• During the confirmation hearing for Justice Ketanji Brown Jackson, Sen. Cruz asked then-Judge Jackson if she would recuse herself from the Harvard case given that Harvard is her alma mater, and where she also sits on the board of overseers. She replied she planned to recuse herself. Sen. Cruz also asked Judge Jackson for her thoughts on standing under Article III of the Constitution and the lawsuit brought against Harvard for Harvard’s policy of discriminating against Asian Americans.

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