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

Filing 455

MOTION for Leave to File to Participate as Amici Curiae by Harvard-Radcliffe Black Students Association, Kuumba Singers of Harvard College, Fuerza Latina of Harvard, Native Americans At Harvard College, Harvard-Radcliffe Asian American Association, Harvard-Radcliffe Asian American Women's Association, Harvard Asian American Brotherhood, Harvard Vietnamese Association, Harvard-Radcliffe Chinese Students Association, Harvard Korean Association, Harvard Japan Society, Harvard South Asian Association, Harvard Islamic Society, Task Force on Asian and Pacific American Studies at Harvard College, Harvard Phillips Brooks House Association, Harvard Minority Association of Pre-Medical Students, Coalition for a Diverse Harvard, First Generation Harvard Alumni, Native American Alumni of Harvard University, Harvard University Muslim Alumni, Harvard Latino Alumni Alliance. (Attachments: # 1 Exhibit Amicus Brief by Harvard Student and Alumni Organizations in Support of Defendants' Motion for Summary Judgment, # 2 Exhibit Declaration, # 3 Exhibit Declaration, # 4 Exhibit Declaration, # 5 Exhibit Declaration, # 6 Exhibit Declaration, # 7 Exhibit Declaration, # 8 Exhibit Declaration, # 9 Exhibit Declaration, # 10 Exhibit Declaration, # 11 Exhibit Declaration, # 12 Exhibit Declaration, # 13 Exhibit Declaration, # 14 Exhibit Declaration, # 15 Exhibit Declaration, # 16 Exhibit Declaration, # 17 Exhibit Declaration)(Thayer, Kenneth)

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION

STUDENTS FOR FAIR ADMISSIONS, INC,
Plaintiff,
v.
Civil Action No. 1:14-cv-14176-ADB
PRESIDENT AND FELLOWS OF
HARVARD COLLEGE (HARVARD
CORPORATION),
Defendant.

MOTION TO PARTICIPATE AS AMICI CURIAE1

Proposed Amici Curiae Harvard-Radcliffe Black Students Association (“BSA”), Kuumba
Singers of Harvard College (“Kuumba”), Fuerza Latina of Harvard (“Fuerza Latina”), Native
Americans at Harvard College (“NAHC”), Harvard-Radcliffe Asian American Association
(“AAA”), Harvard-Radcliffe Asian American Women’s Association (“AAWA”), Harvard Asian
American Brotherhood (“AAB”), Harvard Vietnamese Association (“HVA”), Harvard-Radcliffe
Chinese Students Association (“CSA”), Harvard Korean Association (“HKA”), Harvard Japan
Society (“HJS”), Harvard South Asian Association (“SAA”), Harvard Islamic Society (“HIS”),
Task Force on Asian and Pacific American Studies at Harvard College (“TAPAS”), Harvard

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Local counsel for Amici Curiae in this action, the law firm of Sugarman Rogers Barshak &
Cohen, P.C. (“Sugarman Rogers”), also represents the defendant, President and Fellows of Harvard
College (“Harvard”), in matters wholly unrelated to the legal and factual issues presented by this action.
Neither Harvard nor its litigation counsel in this action have provided any financial support for the
preparation of Amici Curiae’s motion or authored this motion in whole or in part.

Phillips Brooks House Association (“PBHA”), Harvard Minority Association of Pre-Medical
Students (“MAPS”), Coalition for a Diverse Harvard (“Diverse Harvard”), First Generation
Harvard Alumni (“FGHA”), Native American Alumni of Harvard University (“NAAHU”),
Harvard University Muslim Alumni (“HUMA”), and Harvard Latino Alumni Alliance (“HLAA”)
(collectively, “Proposed Amici Organizations”), hereby move for leave of court to participate in
this matter. Proposed Amici Organizations represent the special interests of current Harvard
student and alumni organizations in support of race-conscious admissions. Proposed Amici
Organizations seek the same amici curiae status as the current individual Amici under the Court’s
Order. ECF No. 52 at 23 (“Amici Order”).2
Proposed Amici Organizations include the following student and alumni organizations:
Harvard-Radcliffe Black Students Association (“BSA”): Founded during the 1976-77
academic year, the BSA serves as the leadership voice for Black students at Harvard and
coordinates and supports many of the student organizations focused on the interests and needs of
Harvard’s Black student population, while also promoting interactions with and awareness of
issues facing Black populations in the larger Cambridge and Boston communities. As part of its
mission, BSA supports members who experience racial isolation in their classes, extracurricular
activities, and other informal settings across the campus.
Kuumba Singers of Harvard College (“Kuumba”): Founded in 1970 in response to a
campus still reeling from the assassination of Dr. Martin Luther King, Jr., Kuumba is the oldest

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The court ordered that amici curiae current and prospective students may through their counsel:
(1) submit a brief or memorandum of law not to exceed 30 pages (exclusive of exhibits) on any dispositive
motion in this case; (2) participate in oral argument on any dispositive motion in this case; and (3) submit
personal declarations or affidavits in support of their memorandum of law, which may be accorded
evidentiary weight if otherwise proper. Amici Order at 23. See also ECF No. 244 (granting individual
students J.F. and M.A. leave to participate as amici curiae under the same terms).

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undergraduate Black student organization at Harvard. Kuumba, named for the Swahili word for
“creativity,” seeks to showcase the rich diversity of Black diasporic music and cultural expression
and seeks to be a safe space for Black students and a cultural mecca for all interested in celebrating
Black creativity and spirituality. Kuumba has a long history of social activism on campus to
highlight the voices of Black students and claim their space on campus.
Fuerza Latina of Harvard (“Fuerza Latina”): Fuerza Latina was founded in 1993. The
organization is the umbrella organization for all Latinx3 organizations on campus and strives to
promote awareness of issues that affect the Latinx community both at Harvard and in the greater
Boston area, enhance the presence of Latinx individuals at Harvard University, and provide a
nurturing and caring environment for all of Harvard’s Latinx students. Fuerza Latina aims to
support Latinx students academically and socially, and to shield them from all forms of
institutional, academic, gender, and social discrimination. It aims to protect the interests of Latinx
students by encouraging active participation of Latinx students in campus governance, academic
departments, student run organizations, and scholastic endeavors.
Native Americans at Harvard College (“NAHC”): Native Americans at Harvard
College seeks to provide social, intellectual and cultural activities for both Native students at
Harvard and for other interested members of the Harvard community. NAHC recognizes that
Native and indigenous students are small in numbers on campus and foster a sense of community
among its members. NAHC also educates the Harvard campus about Native issues and debunk
popular misconceptions of Natives through activities and events.

This Motion uses the gender-neutral term “Latinx” to refer collectively to Latinos, Latinas, and
non-binary persons of Latin American background.
3

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Harvard-Radcliffe Asian American Association (“AAA”): AAA was founded in 1976
to unite Asian American students at Harvard and raise greater awareness of Asian American issues
through social, cultural, and political events. AAA is dedicated to embracing the shared identity
of Harvard’s Asian American student population and promoting greater awareness of Asian
American issues and perspectives; providing a forum for Asian Americans at Harvard to voice
their opinions and comfortably explore their culture, identity, and individuality; addressing
political, economic, and social issues affecting Asian American communities at Harvard as well
as at the local and national levels; celebrating achievements of Asian Americans; developing longlasting partnerships between students, alumni, community activists, and scholars; and inspiring
participants to contemplate their roles and responsibilities in forging the future of Asian
Americans.
Harvard-Radcliffe Asian American Women’s Association (“AAWA”): AAWA was
created in 2005 as an inclusive, welcoming space for those on campus who identify as Asian
American women. By generating discussion about and spreading awareness of issues that pertain
to the varied, intersectional identities of its members, AAWA seeks to promote the prominence
and concerns of Harvard’s female and non-binary Asian Pacific Islander population in a way that
is accessible and pertinent to the greater Harvard community.
Harvard Asian American Brotherhood (“AAB”): Founded in 1999, AAB seeks to forge
a stronger sense of unity among Asian Americans in their community and to foster solidarity
without coercion. By fostering relationships across ethnic lines, AAB seeks to empower both their
members and the communities that they serve. AAB seeks to promote intercultural understanding
and social activism at Harvard and beyond. The values of AAB stand upon three pillars: Service,
Activism, and Brotherhood. Throughout the years, AAB has been a force of collaborative and
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positive change in its community, a tradition of which they are proud and hope to carry on for
years to come.
Harvard Vietnamese Association (“HVA”): HVA was founded in the early 1990s,
serving as an outlet for Vietnamese students to socialize with one another and to learn more about
Vietnamese culture. Since then, HVA has continued to promote culture, community, and
educational/political awareness at Harvard. It has become a voice on campus for Vietnamese and
Vietnamese Americans and maintains a strong dedication to the needs of the greater Boston and
Vietnamese community.
Harvard-Radcliffe Chinese Students Association (“CSA”): Founded in 1969, CSA is
one of the largest and most active student organizations at Harvard. As a home to Harvard’s
Chinese and Chinese American community, CSA serves as a forum for social, cultural, and
educational/political interaction among students of all backgrounds. CSA hosts nearly 80 events
each year, including general meetings, speaker series on culture and politics, study breaks, holiday
festivals, dim sum runs to Chinatown, parties, and more. As an advocate for its community, CSA
believes that any potential discrimination against Asian Americans must be corrected. At the same
time, CSA also stands in solidarity with its fellow students of color in defending race conscious
admissions. CSA believes that race is an important part of their identity and that racial diversity
has greatly benefited the Harvard community.
Harvard Korean Association (“HKA”): HKA was founded in 1998 as the umbrella
organization for the merging of smaller Korean organizations. HKA’s central mission is to
promote awareness about social, political, and cultural issues regarding Korea. Dedicated to serve
the greater community at Harvard, HKA provides a space for open discussions and mentorship

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and support for any its members. HKA strives to make meaningful relationships between its
members, alumni, and the community at large.
Harvard Japan Society (“HJS”): HJS seeks to spread Japanese cultural awareness
throughout the Harvard community, provide Harvard students more opportunities to engage with
other Japanese students, be an intermediary contact for Japan-related opportunities and Harvard
students, provide support for students seeking postgraduate career opportunities in Japan, provide
a platform to discuss critical issues on Japan, and solidify relationships with other Japanese
communities and organizations within and outside of Harvard.
Harvard South Asian Association (“SAA”): Founded in 1986, the Harvard South Asian
Association was created to meet the political, cultural, academic, and social needs of students who
express interest in the region of South Asia and the South Asian diaspora. South Asia includes, but
is not limited to, the nations of Bangladesh, Bhutan, India, the Maldives, Myanmar, Nepal,
Pakistan, and Sri Lanka. SAA’s primary purpose is to serve as a space for South Asian students
and beyond to learn, cultivate, and celebrate a culture rich with history and a thriving future.
Harvard Islamic Society (“HIS”): HIS was founded in 1956 to serve as an organization
that provides a space for Muslim students to interact and support one another, as well as learn
about Islam and Islamic values. Since then, HIS has been an organization that has also taken up a
political side, where they have advocated for issues that are against Islamic values as well as affect
members of the Harvard and the Muslim community worldwide.
Task Force on Asian and Pacific American Studies at Harvard College (“TAPAS”):
TAPAS was founded in 2016 as a student organization dedicated to establishing a robust ethnic
studies curriculum at Harvard. To date, our central mission remains the same, although we have
also begun to address other issues relating to Asian American advocacy. Over the past couple of
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years, we have coordinated meetings with key administrators at Harvard and organized events
related to ethnic studies for students on campus. In 2017, TAPAS released a petition to the Harvard
administration that garnered thousands of signatures from students, student groups, and faculty
members.
Harvard Phillips Brooks House Association (“PBHA”): PBHA is a community-based,
501(c)(3) non-profit public service organization that is run by Harvard undergraduates. Founded
in 1904, PBHA is Harvard University’s largest student-run organization, and its programming is
nationally recognized. Though affiliated with Harvard, PBHA is independent. For more than a
century, PBHA has worked with community partners to provide services and advocate for
structural change in the greater Boston area where 1,500 PBHA volunteers (predominantly
Harvard undergraduates) participate in more than 80 programs to serve 10,000 low-income
members of Asian, Black, Latinx, and other communities. PBHA’s programs include advocacy,
adult education, youth tutoring and mentoring, housing, and summer enrichment. PBHA’s alumni
include former U.S. Secretary of Education John King, Jr., former Massachusetts Governor Deval
Patrick, philanthropist and pediatrician Priscilla Chan, as well as a former U.S. president, vice
president, associate justice of the Supreme Court, and founder of the American Civil Liberties
Union.
Harvard Minority Association of Pre-Medical Students (“MAPS”):

MAPS is

committed to providing an inclusive environment for minority pre-medical students in which
members are provided with the tools, opportunities, and resources needed to succeed. Because
minorities are underrepresented in medicine, MAPS seeks to educate students about the career,
educational, and networking opportunities available to them in the medical field. MAPS works to

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provide a space in which the diverse backgrounds and experiences of members can be appreciated,
embraced, and valued.
Coalition for a Diverse Harvard (“Diverse Harvard”): Diverse Harvard is a group of
over 1,000 Harvard alumni and students of diverse racial and ethnic backgrounds, including
approximately 250 Asian American members. Diverse Harvard was launched in 2016 by Harvard
and Radcliffe alumni to take a stand against a largely anti-affirmative action slate of candidates
for Harvard’s Board of Overseers, the University’s second-highest governing body. Its mission
statement is: “Harvard and Radcliffe alumni and students fighting for diversity, equity and
inclusion at the University and in higher education at large.” Diverse Harvard believes that
assembling a diverse student body and creating an environment where all students can thrive is
central to Harvard’s role as a global standard-bearer in education and its mission of creating
successful citizens and leaders in a diverse nation and world.
First Generation Harvard Alumni (“FGHA”): Founded in 2012, FGHA is a group of
Harvard alumni who are the first members of their families to attend college. Members come from
a wide variety of racial, ethnic, and socioeconomic backgrounds and are comprised of individuals
who have overcome significant economic and educational barriers to achieve academic success.
They began their journeys as everyday Americans, often from immigrant families and/or the
working class. FGHA’s mission is to make Harvard a better place for current first-generation
students. They achieve this through an alumni mentoring program that helps approximately 100
first-year students each year successfully transition to campus life, advocacy in coordination with
the First-Generation Student Union to encourage Harvard to better address the needs of firstgeneration students, and the provision of career support and networking opportunities.

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Native American Alumni of Harvard University (“NAAHU”): NAAHU was created
in 2007 to maintain, expand, and promote a network of Harvard Native American, Alaska Native,
and Native Hawaiian alumni; to develop a sense of community among alumni, faculty, staff and
students; to encourage alumni involvement in University affairs that affect Native American,
Alaska Native, and Native Hawaiian communities within the University; to increase alumni
participation with and investment in undergraduate and graduate Native American, Alaska Native,
and Native Hawaiian student communities; and to assist the University in recruitment and retention
of Native American, Alaska Native, and Native Hawaiian candidates for undergraduate and
graduate programs, as well as faculty and administrative positions.
Harvard University Muslim Alumni (“HUMA”): HUMA was founded in 2004 with the
mission of connecting Harvard Muslim alumni and faculty and supporting Islam and Muslim
students at Harvard. HUMA works to accomplish this mission through four pillars: (1) supporting
Muslim students at Harvard by providing programming and services and acting as an advocate on
their behalf, (2) hosting alumni networking opportunities, (3) increasing resources on campus for
the dissemination of knowledge about Islam, and (4) increasing access to Harvard for Muslim
students. HUMA has a close relationship with the Harvard Islamic Society, an undergraduate
group whose members often join HUMA upon graduation. American Muslims are a multiracial
community that is majority minority. Similar proportions of American Muslims are Black, Arab,
or South Asian, with a fast-growing Latino population. This multifaceted identity means that
religion and race are deeply intertwined for HUMA's constituent community, and HUMA takes
keen interest in issues that affect minority racial communities.
Harvard Latino Alumni Alliance (“HLAA”): The mission of the HLAA is to develop a
network and sense of community among current and future Harvard alumni who self-identify as
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Latino and reside or work in the United States; to increase Latino representation throughout the
University; and to encourage Latino alumni involvement in University alumni activities and
affairs.
Proposed Amici Organizations have specific interests that are distinct from the interests of
the current parties and amici. Proposed Amici Organizations are affinity groups whose
organizational mission is to support historically underrepresented and/or disadvantaged students
who face particular challenges at Harvard because of their identities or personal backgrounds.
Many of the Proposed Amici Organizations exist to improve the recruitment, retention, and quality
of life of underrepresented and/or disadvantaged student populations on campus by providing their
members with resources to navigate campus life and opportunities to build connections with others
who share similar experiences. Others were formed specifically because of their interest in
working collectively to fight for diversity and equity at Harvard.
Proposed Amici Organizations have a direct and substantial interest in the continued
consideration of race in Harvard’s admissions process, as part of a larger need to address the
challenges—and, at times, hostility—that underrepresented and/or disadvantaged students
experience after they are admitted. Proposed Amici Organizations devote significant time and
resources toward fostering a supportive and inclusive environment for their members and for all
students.
Moreover, Proposed Amici Organizations have an interest that is distinct from Harvard.
Proposed Amici Organizations engage in advocacy that directly challenges Harvard to adopt new
policies and programs to actively support underrepresented and/or disadvantaged students beyond
its current efforts. Because Proposed Amici Organizations believe that Harvard does not fully

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address the needs of current students, Proposed Amici Organizations are compelled to provide
support services to address the otherwise unmet needs of their members.
The interests of Proposed Amici Organizations further differ from those of Harvard
because of their view that Harvard’s admissions policy does not do enough to ensure diversity and
to admit underrepresented minorities. Despite using a holistic, whole-person admissions model,
Harvard still gives tremendous weight to standardized test scores. Proposed Amici Organizations
argue that such test scores are tainted by racial bias, and underpredict the potential of many talented
and qualified students of color. Further, Proposed Amici Organizations argue that Harvard must
take additional steps to counter bias—whether implicit or explicit—not only in test scores, but in
other factors affecting the admissions decision, such as interviews, teacher and counselor
recommendations, and stereotypical views of student applicants. Harvard itself is unlikely to raise
similar concerns in the context of this case, in which its primary objective must be to defend its
current admissions process.
Proposed Amici Organizations’ interests differ from current amici as well because
Proposed Amici Organizations are institutionally affected by any decrease in the diversity of
Harvard’s student body. Proposed Amici Organizations exist—many for decades—independent of
the everchanging student body at Harvard, and intend to provide support to underrepresented
and/or marginalized Harvard students pursuant to their organizational missions for generations to
come. A decrease in their membership, resulting from the elimination of race-conscious
admissions, would not only detrimentally affect their members, but also create additional burdens
for Proposed Amici Organizations as they are compelled to provide even more support in what
would become an even more hostile student climate. For some Proposed Amici Organizations,
their very existence may also be at risk from any substantial decline in membership. Each Proposed
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Amici Organization would likewise be harmed from a decline in membership in other Proposed
Amici Organizations because cross-racial collaboration and learning would be more difficult to
achieve.
Proposed Amici Organizations are further compelled to become involved in this action due
to signals from the United States of an intention to support Plaintiff Students for Fair Admissions,
Inc. (“SFFA”) and oppose race-conscious admissions. The United States indicated its “substantial
interest” in this case and its intention to file a statement of interest on the schedule the Court has
set for amicus filings. See U.S. Notice of Interest in Public Access to Summ. J. Briefing and
Materials (ECF No. 395). On July 3, 2018, the U.S. Department of Justice also rescinded 24
guidance documents, including seven that expressed the United States’ prior support for the
voluntary use of race to achieve diversity in education. See Press Release 18-883, Dep’t of Justice,
Office of Public Affairs, Attorney General Jeff Sessions Rescinds 24 Guidance Documents, July 3,
2018,

https://www.justice.gov/opa/pr/attorney-general-jeff-sessions-rescinds-24-guidance-

documents. This demonstrates a likelihood that the United States will take a position that is directly
adverse to the interests of Proposed Amici Organizations. Given that the United States will place
its substantial institutional weight behind the argument to end race-conscious admissions practices,
it is especially urgent for Proposed Amici Organizations to seek amicus status at this time.
Proposed Amici Organizations believe that it is imperative for this Court to hear the views of
myriad student and alumni organizations that would be institutionally harmed by the United States’
anticipated position in a manner different from Harvard College or individual students.
While no rule governs the participation of amicus curiae in a trial court action, federal
district courts “have inherent authority” to appoint amici, Boston Gas Co. v. Century Indem. Co.,
No. 02–12062–RWZ, 2006 WL 1738312, at *1 n.1 (D. Mass. June 21, 2006), and “a court is
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usually delighted to hear additional arguments from able amici that will help the court toward right
answers . . . .” Mass. Food Ass’n v. Mass. Alcoholic Beverages Control Comm’n, 197 F.3d 560,
567 (1st Cir. 1999). Participation as amicus curiae is commonly granted “when there is an issue
of general public interest, the amicus provides supplemental assistance to existing counsel, or
the amicus insures a complete and plenary presentation of difficult issues so that the court may
reach a proper decision.” All. of Auto. Mfrs. v. Gwadowsky, 297 F. Supp. 2d 305, 307 (D. Me.
2003) (granting a party permission to act as amicus curiae “plus”) (citation and internal quotation
marks omitted).
Proposed Amici Organizations are uniquely positioned to inform the court about how the
relief sought by SFFA will have damaging repercussions on their organizations and members. The
evidence presented by Harvard at summary judgment suggests that eliminating the consideration
of race in admissions “would reduce the population of students who self-identify as AfricanAmerican, Hispanic, or ‘Other’ . . . by nearly 50%.” ECF No. 419, Ex. 36 (Dr. Card’s Report)
(relative to Class of 2019, African-American students would decrease from 14% to 6%, and
Hispanic students would decrease from 14% to 9%). Furthermore, a race-blind admissions policy
would prevent Native Americans and members of certain Asian American/Pacific Islander
subgroups, who often face challenges comparable to their Black and Latinx counterparts, from
being considered as a specific group at risk of racial isolation within the Harvard community.
Proposed Amici Organizations are deeply concerned that decreasing the presence of Black
and Latinx students, as well as potentially other underrepresented and/or disadvantaged students,
on campus will negatively impact their organizations. SFFA’s request seeks to threaten the
existence of many of the Proposed Amici Organizations, as such a severe reduction in their
membership will impact their organizations’ capacity to function and provide programming and
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support to their members. At a minimum, it will increase the already existing challenges that their
members face at Harvard, thereby creating greater burdens for their respective organizations.
SFFA’s proposed remedy has the potential to exacerbate the isolation experienced by their
members, their ability to organize effectively, and the services that they must provide.
Proposed Amici Organizations are additionally concerned that the elimination of race
consciousness in Harvard’s admissions policy will significantly degrade the quality of Harvard’s
educational experience by preventing students from interacting with—and learning from—a wide
panoply of people with varied backgrounds and experiences. Exposure to diverse perspectives and
opinions is a crucial part of a Harvard education, and student members will be ill-prepared for
success beyond Harvard without it.
Moreover, Proposed Amici Organizations have a collective interest in—and commitment
to—combating bias, dispelling stereotypes, enhancing mutual respect, and fostering interactions
between students that go beyond tokenism and firmly believe that the admission of a diverse array
of students is crucial to these efforts. In contrast, a non-diverse educational environment would
not be welcoming to—or comfortable for—all students who identify as members of
underrepresented and/or disadvantaged groups, not just the Black and Latinx students for whom
admissions outcomes will likely be most severely affected. Proposed Amici Organizations are
further alarmed by the SFFA’s inaccurate portrayal of various racial and ethnic groups having
conflicting interests with respect to race-conscious admissions when, in fact, the Proposed Amici
Organizations unequivocally believe, in solidarity, that race consciousness is necessary to ensure
a more diverse, inclusive, and successful student body at Harvard from which all students benefit.
Proposed Amici Organizations’ participation in this action will not delay the Court’s
schedule, but will provide the Court with greater insight into the perspectives and experiences of
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their members on questions critical to this case. See Amici Order at 21 (“The role of an amicus
curiae, meaning friend of the court, is to assist the court in cases of general public interest by
making suggestions to the court, by providing supplementary assistance to existing counsel, and
by insuring a complete and plenary presentation of difficult issues so that the court may reach a
proper decision.”) (citation and internal quotation marks omitted), aff’d, 807 F.3d 472 (1st Cir.
2015). Proposed Amici Organizations, many of whom have been a part of the Harvard community
for several decades, have an institutional interest in fostering diversity and inclusion not only for
current Harvard students, but also for future Harvard students for generations to come.
WHEREFORE, the Proposed Amici Organizations respectfully request that the Court grant
them leave to participate as amici curiae in accordance with its Amici Order. ECF No. 52 at 23.
Dated: July 30, 2018
Respectfully submitted,
/s/ Jin Hee Lee
Sherrilyn Ifill*
Janai Nelson*
Samuel Spital*
Jin Hee Lee*
Rachel Kleinman*
Cara McClellan*
NAACP Legal Defense &
Educational Fund, Inc.
40 Rector Street, 5th Floor
New York, NY 10006
[phone]
Michaele N. Turnage Young*
Jennifer A. Holmes*
NAACP Legal Defense &
Educational Fund, Inc.
700 14th Street NW, Suite 600
Washington, DC 20005
[phone]

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/s/ Kenneth N. Thayer
Kenneth N. Thayer, BBO #671029
[e-mail]
Kate R. Cook, BBO #650698
[e-mail]
Sugarman, Rogers, Barshak & Cohen, P.C.
101 Merrimac Street (9th floor)
Boston, MA 02114-4737
[phone]
Counsel for Proposed Amici Curiae
Harvard-Radcliffe Black Students
Association, Kuumba Singers of Harvard
College, Fuerza Latina of Harvard, Native
Americans at Harvard College, HarvardRadcliffe Asian American Association,
Harvard-Radcliffe Asian American
Women’s Association, Harvard Asian
American Brotherhood, Harvard
Vietnamese Association, Harvard-Radcliffe
Chinese Students Association, Harvard
Korean Association, Harvard Japan Society,
Harvard South Asian Association, Harvard
Islamic Society, Task Force on Asian and
Pacific American Studies at Harvard
College, Harvard Phillips Brooks House
Association, Harvard Minority Association
of Pre-Medical Students, Coalition for a
Diverse Harvard, First Generation Harvard
Alumni, Native American Alumni of Harvard
University, Harvard University Muslim
Alumni, and Harvard Latino Alumni
Alliance
*Pro Hac Vice Admission Pending

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CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
I hereby certify that counsel for the above-listed amici curiae conferred with counsel for
the defendant, President and Fellows of Harvard College, on July 27, 2018, and with counsel for
the plaintiff, Students for Fair Admissions, Inc., on July 29, 2018. Both parties assent to the
Proposed Amici Organizations’ participation in this action as amicus curiae. The plaintiff,
however, indicated that it opposes Proposed Amici Organizations’ accompanying submission of
declarations from certain of its members.
/s/ Kenneth N. Thayer
Kenneth N. Thayer

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CERTIFICATE OF SERVICE
I hereby certify that on the 30th day of July, 2018, a copy of the above and foregoing
MOTION TO PARTICIPATE AS AMICI CURIAE was filed electronically with the Clerk of
Court using the CM/ECF system. Notice of this filing will be sent to all counsel of record by
operation of the court’s electronic filing system.
/s/ Kenneth N. Thayer
Kenneth N. Thayer
Sugarman, Rogers, Barshak & Cohen, P.C.
101 Merrimac Street (9th floor)
Boston, MA 02114-4737
[phone]

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