UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF ... · 12/12/2016 · Case 1:14-cv-14176-ADB Document 230-2 Filed 12/12/16 Page 2 of 4. ... Statistics, AP Calculus, AP English

UNITED STATES DISTRICT COURT FORTHE DISTRICT COURT OF MASSACHUSETTS

BOSTON DIVISION

STUDENTS FOR FAIR ADMISSIONS,INC,

Plaintiff,

v.

PRESIDENT AND FELLOWS OFHARVARD COLLEGE (HARVARDCORPORATION),

Defendant.

Civil Action No. 1:14-cv-14176-DJC

MOTION TO PARTICIPATE AS AMICI CURIAE

Movants and Proposed Student Amici Curiae (“Proposed Amici”), J.F. and M.A., hereby

move for leave of court to participate in this matter as amici curiae alongside the current amici

curiae (“Current Amici”), who are a group of current and prospective students of Harvard to

whom the Court has granted leave to participate in this action as amici.1 Order at 23, June 15,

2015, ECF No. 52. Movants seek to have the same amici curiae status as the Current Amici

under the Court’s Order and to work in unison with the Current Amici to advance the special

interests of current and prospective students of Harvard. Id.

In support of this motion, and as grounds thereof, the Proposed Amici would respectfully

show the Court the following:

1. Proposed Amici include:

1 The Court specifically granted Current Amici leave to participate as follows: (1) amici curiae may,through their counsel, submit a brief or memorandum of law not to exceed 30 pages, exclusive ofexhibits, on any dispositive motion in this case; (2) amici curiae may, through their counsel, participate inoral argument on any dispositive motion in this case; and (3) amici curiae may submit personaldeclarations or affidavits in support of their memorandum of law, which may be accorded evidentiaryweight if otherwise proper. Order at 23.

Case 1:14-cv-14176-ADB Document 230 Filed 12/12/16 Page 1 of 6

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a. J.F., who is an Asian American high school student who has applied for

admission to Harvard College for the 2017-18 school year. See Ex. 1. J.F.

would be the only Asian American prospective student of the amici curiae and

can speak directly to Plaintiff Student for Fair Admissions (“SFFA”) claim

that Asian American applicants are harmed by Harvard’s race-conscious

holistic admissions policy.

b. M.A., who is half Pacific Islander, one-quarter black, and one-quarter white,

is a sophomore in high school, and intends to apply for admission to Harvard

College for the 2019-20 school year. See Ex. 2. J.D. would be the only

Pacific Islander prospective student of the amici curiae and thus would

contribute to and enhance the unique position of the amici curiae.

2. Movants seek to join the Current Amici to advance the special interests that the

Current Amici have in this action, as recognized by the Court in granting them amici status.

Movants will contribute to and enhance the unique position of the Current Amici to inform the

court of interests other than those represented by the parties; to expound that one of the many

justifications for considering race and ethnicity in college admissions is to remedy the adverse

impact that certain admissions practices have on the diversity profile of the admitted class,

including “legacy” applicants, Early Action, and reliance on the SAT; and to focus the Court’s

attention on the broader implications of various possible rulings. In addition, as Asian

Americans and Pacific Islanders, Movants are uniquely positioned to address SFFA’s claims that

Asian Americans are harmed by Harvard’s race-conscious holistic admissions policy.

3. Movants will be represented by Asian Americans Advancing Justice – Los

Angeles. Counsel for the Proposed Amici and Current Amici will coordinate and advance a

unified, comprehensive presentation of the student amici curiae’s special interests to the Court.


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4. 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.’” Sierra Club v.

Wagner, 581 F.Supp.2d 246, 250 n.1 (D.N.H. 2008) (quoting Newark Branch, N.A.A.C.P. v.

Town of Harrison, N.J., 940 F.2d 792, 808 (3d Cir. 1991)).

5. While no rule of court governs the participation of amici curiae in a trial court

action, case law establishes that such participation lies within the sound discretion of the District

Court. Strasser v. Dorley, 432 F.2d 567, 569 (1st Cir. 1970). While courts in this circuit have

had no occasion to enumerate the factors that a District Court should consider in weighing the

proffered assistance of a friend of the court, it is well-established that such participation should

be permitted where prospective amici “provide helpful analysis of the law, they have a special

interest in the subject matter of the suit, or existing counsel is in need of assistance.” Tafas v.

Dudas, 511 F.Supp.2d 652, 659 (E.D. Va. 2007) (quoting Bryant v. Better Business Bureau, 923

F.Supp. 720, 727 (D.Md. 1996)). Given the Movants’ unique perspective on Asian American

and Pacific Islander admissions to Harvard, which is a central issue in this case, Movants

respectfully request that this Court exercise its discretion to allow them to join the Current Amici

as friends of the court.

6. The Proposed Amici will provide information that is both useful and critical to the

Court in resolution of this case. Courts have deemed amicus participation useful when, for

example, a party has a special interest in or is particularly familiar with the issues in a case, a

party has expertise in a particular area of law, and a party offers a different approach to resolving

a particular issue.

7. This Motion is timely and will not prejudice the parties. The parties are currently

in discovery, and the Court did not grant amici curiae leave to propound discovery, participate in


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depositions, obtain copies of documents requested in discovery, or otherwise participate in

discovery in this case. Order at 23. Proposed Amici’s participation in this action will not delay

the Court’s schedule but will provide the Court with greater insight into current and prospective

students’ special interests in the subject matter of the suit.

WHEREFORE, the Proposed Amici respectfully request that the Court grant them leave

to participate as amici curiae in this matter under the same amici status as the Current Amici

Respectfully Submitted,DATED: December 12, 2016

/s/ Nicole K. OchiNicole K. Ochi, Cal. Bar # 268678ASIAN AMERICANS ADVANCING JUSTICE –LOS ANGELES1145 Wilshire BoulevardLos Angeles, CA 90017(213) [email protected]

ATTORNEY FOR PROPOSED AMICI CURIAE


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Certificate of Conference

In accordance with Local Rule 7.1(a), I hereby certify that I conferred with counsel for

Plaintiff and counsel for Defendant.

/s/ Matthew CregorMatthew Cregor


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Certificate of Service

In accordance with Local Rule 5.2(b), I hereby certify that this document filed through

the ECF system on December 12, 2016 will be sent electronically to the registered participants as

identified on the Notice of Electronic Filing.

/s/ Lawrence E. CullenLawrence E. Cullen


EXHIBIT 1

Case 1:14-cv-14176-ADB Document 230-1 Filed 12/12/16 Page 1 of 7







EXHIBIT 2


UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF MASSACHUSETTS

BOSTON DIVISION

STUDENTS FOR FAIR ADMISSIONS, INC, Plaintiff, v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION), Defendants.

Civil Action No. 1:14-cv-14176-DJC

DECLARATION OF M.A.

M.A., pursuant to 28 U.S.C. Section 1746, declares the following:

1. My name is M.A., I am under 18 years of age and I am fully competent to make

this Declaration.

2. I am half Pacific Islander, one-quarter black, and one-quarter white.

3. I am in the 10th grade at a public high school in the Inland Empire area of

Southern California. More than two-thirds of the students at my school qualify for

a free or reduced lunch. The majority of the students at my school are Latino, but

we have significant racial diversity. One of the things that bothers me about my


school is the frequent use of the n**** word. I also do not like the frequent

fighting that happens at my school.

4. I often feel like people at my school do not understand what it means to be Pacific

Islander. For example, we have a Polynesian dance club at our school, but it is

not even taught by a Polynesian teacher, the participants wear Tahitian (not

Polynesian) outfits, and the music is not even Polynesian music. I feel like it is

offensive to call the club a “Polynesian Dance Club,” when there is nothing

Polynesian about it. In addition, people at my school also often assume that I am

related to the Tongan football players that used to go to my school, even though I

am not even Tongan; they do not even realize that Samoans have vastly different

culture and experiences than Tongans or Native Hawaiians. We are not all

related.

5. I am currently taking one AP class: AP Euro History. I could not take any AP

classes as a freshman because none were offered. I intend to also take AP

Biology, AP US History, AP Government, AP Economics, AP Spanish, AP

Statistics, AP Calculus, AP English Language Composition, AP English

Literature and Composition, and AP Psychology.

6. I love to play soccer. As a freshman, I started on the varsity soccer team every

year. I also play Club Soccer and serve as the Captain of my team.

7. In addition to soccer, I am a staff writer for our school newspaper, a member of

the Make-A-Wish club and a member of the Gay Straight Alliance.

8. I am not entirely sure, but I think I would like to eventually become either a

lawyer, a forensic psychologist, or a cultural anthropologist.



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UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF ... · 12/12/2016 · Case 1:14-cv-14176-ADB Document 230-2 Filed 12/12/16 Page 2 of 4. ... Statistics, AP Calculus, AP English