Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al

Filing 185

MOTION for Judgment on the Pleadings on Counts IV and VI by President and Fellows of Harvard College.(Waxman, Seth)

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION
STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,

Civil Action No. 1:14-cv-14176-ADB
Oral Argument Requested

v.
PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),
Defendant.

DEFENDANT’S MOTION FOR JUDGMENT
ON THE PLEADINGS ON COUNTS IV AND VI
Pursuant to Federal Rules of Civil Procedure 12(c) and 12(h)(2), Defendant President and
Fellows of Harvard College (Harvard Corporation) (“Harvard”) respectfully moves for judgment
on the pleadings dismissing Counts IV and VI of the complaint. The grounds for this motion,
which are explained in detail in the accompanying Memorandum of Law, include the following:
1.

Count IV alleges that Harvard violates Title VI because it “is not using race

merely to fill the last few places in the entering freshman class.” Compl. ¶ 473; see also Compl.
¶ 467.
2.

Count IV rests on a purported legal standard that has no basis in the governing

substantive law—indeed, Supreme Court precedent squarely contradicts it.
3.

Count VI alleges that all of the Supreme Court decisions that have upheld the

consideration of race in admissions were wrongly decided, and that the Supreme Court should
now hold that diversity “is not an interest that could ever justify” any consideration of race.
Compl. ¶ 494; see also Compl. ¶ 502.
4.

This Court is not empowered to overrule Supreme Court precedent.

Accordingly, Counts IV and VI of the complaint “[f]ail[] to state a claim upon which relief can
be granted.” Fed. R. Civ. P. 12(h)(2).
WHEREFORE, Harvard respectfully requests that the Court enter judgment on the
pleadings for Harvard on Counts IV and VI of the complaint.

REQUEST FOR ORAL ARGUMENT
Pursuant to Local Rule 7.1(d), Defendant respectfully requests oral argument of this
Motion.
Respectfully submitted,
/s/ Seth P. Waxman
Seth P. Waxman (pro hac vice)
Paul R.Q. Wolfson (pro hac vice)
Daniel Winik (pro hac vice)
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Ave. NW
Washington, D.C. 20006
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Debo P. Adegbile (pro hac vice)
WILMER CUTLER PICKERING
HALE AND DORR LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Tel: [phone]
Fax: [phone]
[e-mail]

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William F. Lee (BBO #291960)
Felicia H. Ellsworth (BBO #665232)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Dated: September 23, 2016

Counsel for Defendant President and
Fellows of Harvard College

LOCAL RULE 7.1 CERTIFICATION
Counsel for Harvard hereby certifies that on September 16, 2016, counsel for Harvard
conferred by phone with Plaintiff’s counsel in a good faith attempt to resolve or narrow the
issues involved in this motion.
/s/ Seth P. Waxman
Seth P. Waxman
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the CM/ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing.

/s/ Seth P. Waxman
Seth P. Waxman

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