On 9/7/2022, during Senate Judiciary Committee hearing, Sen. Josh Hawley (R-MO) questioned Kelley Brisbon Hodge, nominee to be United States District Judge for the Eastern District of Pennsylvania, about affirmative action. Hawley asked Hodge, “the court documents court filings from that case from the Harvard case state that quoting now Asian Americans needed sat scores that were 140 points higher than white students all other quantifiable variables being equal to get into these elite schools. the same court filings also show that Asian American students who had the same score as African-American students were about 25 percent likely to get into Harvard whereas the African-American student was 95 percent likely to get into Harvard, so basically what what the documents show is and I don’t know if there’s much dispute about this that Asian Americans are systemically discriminated against with these race-based policies. that’s a problem don’t you think?:
Hodge: … I would say that with the case that was before the court and currently now is on certiorari and coming before the supreme court um that the issue of race as a factor in admissions and utilize in universities is obviously what’s going to be contemplated by the court and understanding that the street strict scrutiny standard is applicable it would be a determination as to whether or not there’s a compelling governmental interest and if it’s narrowly tailored to afford that interest for all who are asserting the arguments
Hawley: but is it is it a problem I guess my question is is it a problem for universities to make it harder for members of a certain race to be admitted to their university to do it deliberately is that is that a problem that’s what your articles about I’m asking you’ve expressed an opinion on this so I’m just asking about your opinion don’t you don’t you think that’s a problem?
Hodge: senator thank you for the question the article was was written in the context of really providing um in essence a procedural roadmap of what had transpired yeah but
Hawley: you explore express though I’m sorry to interrupt justice I’ve got so little time and I have the article in front of me I enjoyed reading it but you you express your personal views which is fine by the way I’m just asking you about them your personal views on this case and and you say that the arguments of those who are arguing against Harvard’s policies are actually anti-diversity you say that they fail to overcome a principle that’s of paramount importance to the country I’m quoting it now diversity matters and its value is immeasurable especially in education I’m just asking you whether or not having Asian Americans president and able to be admitted on a fair basis with members of other racial groups if if that isn’t in fact an interest that serves diversity I mean don’t you think that that’s important
Hodge: senator harley to your question and thank you again for it what has been stated by the court through years of dialogue and deliberation over this specific issue of affirmative action is that diversity matters
Hawley: and does that include for Asian Americans for everyone and that’s your personal opinion too
Hodge: I’m stating based upon how the court has I’m not putting my personal opinion I believe that if I’m so fortunate to be confirmed to the district court that my personal opinion would have no role … whatever’s presented to me
Hawley: but you sure you could agree with the statement at this level of generality that discrimination deliberate discrimination against Asian Americans is wrong is that fair say
Hodge: Senator Hawley I say that discrimination is is prohibited um and people who are discriminated against under the law obviously the work I also also do in terms of employment discrimination if someone is discriminating against based on a protected category that that is something that they um that’s protected against under the constitution
Hawley: but it’s not wrong I mean you can’t you can’t just say it’s it’s wrong I’m trying to understand why you’re splitting the hairs the way you’re splitting them
Hodge: senator I’m not splitting hairs discrimination is ill is is illegal
Hawley: but my question to you is discrimination against Asian Americans is wrong yes
Hodge: discrimination against anyone is wrong
Hawley: You wrote for Bloomberg about affirmative action in universities, you wrote you argued that opposition to race-based affirmative action, I’m going to quote you, now is rooted in part in the belief that racism and systems that imposed barriers based on race in American society no longer exist end quote I’ve been under the impression that the argument was actually the opposite that race-based affirmative action imposes race-based barriers on particular racial groups now
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Hawley Grills Nominee: “Discrimination Against Asian-Americans Is Wrong – Yes Or No?”, Affirmative Action.