Levinson, who also served as a visiting professor at Harvard Law School this past fall, said he anticipates that other institutions of higher education will file briefs in support of the University of Texas as well.
Levinson said he will be interested to see if any individual professors file briefs in favor of the plaintiff.
“Quite frankly, I would be surprised,” Levinson said. “It’s an extreme position.”
Tushnet said he believes that Harvard’s decision on whether to file a brief might be influenced by the University’s view of itself as a trendsetter in higher education.
“Harvard sees itself as a leader in higher education policy for the nation,” said Tushnet. “The University regards what it has to say as important to know.”
—Staff writer Justin C. Worland can be reached at jworland@college.harvard.edu.