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to the Supreme Court in the 1978 case,
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the Affirmative Action case, the Bakke case.
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In the Harvard brief, the Harvard rationale,
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was cited by Justice Powell,
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who was the swing vote in the case upholding Affirmative Action,
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he cited that as providing the rationale that he thought
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was constitutionally acceptable.
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Harvard's argument in its brief, was this:
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"We care about diversity.
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Scholarly excellence alone,
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has never been the criterion of admission,
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the sole criterion of admission to Harvard College.