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Why hasn't any liberal or leftist group challenged Legacy admissions in court?
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So from my understanding how affirmative action was recently overturned was that there was a group that was against affirmative action and they found some Asian students where they had higher test scores/GPA versus some black/Latino students that were accepted and they were not. Their argument was based around how this was discrimination because on the basis of academic merit the higher test scores/GPA were rejected in favor of people of a different race who had lower scores.

Why has no one tried to do the same thing to Legacy admissions?

Eg. Find a case where somebody applied for Harvard and was rejected and his or her test scores/GPA are higher than a legacy admission that was accepted. Use that person to attack legacy admissions.

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So for discriminatory laws to be overturned the Supreme Court looks at them with three levels of scrutiny. If a law discriminates on the basis of race, ethnicity, or alienage then it faces strict scrutiny and these laws are almost never upheld, it has to be for a compelling government interest and be the least discriminatory means of achieving it. There’s another level which is for discrimination on the basis of gender or legitimacy (whether you were born out of wedlock) and this is for intermediate review, about half of these laws are upheld. Next you have rational review which is for everything else (disability, age, class etc.) and these laws are almost always upheld- basically if you can come up with any rational justification for it the law won’t be struck down. Basically this means that if a law discriminates based on race it’s going to be a lot easier to get it struck down than if it discriminates based on class which legacy does. I’m not defending the system just explaining.

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1 year ago