Public colleges and universities in the United States use a variety of factors to determine which students will be accepted. Universities often want a student body with diverse academic interests, talents, and backgrounds. They consider factors such as applicants’ grades, standardized test scores, community service, athletic or musical ability, and geographic location. Sometimes, universities also consider an applicant’s race or ethnicity. This case is about whether the University of Texas-Austin’s admissions policies violate the Fourteenth Amendment and its guarantee of equal protection.
Abigail Fisher, a white student who was denied admission to UT-Austin in 2008, sued the school. She argued that this admissions program discriminated against
Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.
In 1997, a legislation was passed in Texas, requiring all high school seniors who ranked in the top 10% of their classes to be admitted to the school. Fast forwarding to 2008, both Plaintiffs Abigail Noel Fisher and Rachel Multer Michalewicz applied to the University of Texas at Austin, but where denied. They believed that they were denied due to the fact that they were white. In 2009, United States District Court judge Sam Sparks upheld the University's policy, finding that it meets the standards laid out in Grutter v. Bollinger.[8]
UT also did not show that their process (for how students were admitted) was necessary. 2. Merits/elements of Fisher v. UT-Austin Respondent University of Texas believes that their review about students is necessary as confirmed with the Fifth’s Circuit Court’s ruling. UT believes that race needs to be considered in the application process. UT’s core beliefs are boosting minority enrollment and creating a more diverse student body.
Because there are two cases involved, there are two different legal questions that we must answer. First, we were to answer whether The Asian Society’s and its members Equal Protection rights were abridged upon by them being denied the benefits of the other minorities that attend West Central Dixie State University. Secondly, we were to answer the question brought to the court by The Sons of the Confederacy: Is the policy of positive segregation implemented by the university unconstitutional based on the rights guaranteed in the Fourteenth Amendment, specifically the Equal Protection clause. We agree with the lower Court’s ruling in the case of The Asian Society that the policy itself it not unconstitutional, but that it does violate the Fourteenth Amendment because the compelling interest of the university is not narrowly-tailored enough. It should include all minorities not just some for the policy of positive segregation to fulfill its purpose of multiculturalism and diversity.
In the case, Mississippi University for Women v. Hogan, the respondent Joe Hogan, who attempted to enroll to the MUW’s School of Nursing, was denied admission (“Mississippi University for,” n.d.). The website, informs that the reason why he was denied enrollment for credit in the School of Nursing, is was created the controversy of whether the decision of the university was a violation to the Equal Protection clause of the Fourteenth Amendment. The United States Court of Appeals for the Fifth Circuit reached to a conclusion after analyzing deeply if the reason that the state had to deny enrollment to Hogan had a reasonable justification. The court’s decision could impact and create changes in the educational system in the Mississippi University
These consolidated lawsuits were consumed with argument that their physical buildings, teacher salaries, traveling distance to/from the schools, salaries of the staff and all other responsibilities of the all-black schools were inadequate compared to the schools for all-white students. Their suits specified that their Fourteenth Amendment rights were being violated in all areas documented. FACTS: Linda Brown, a nine-year old African
Fisher v. University of Texas was a case that formed in 2008. Abigail Fisher claimed that she was rejected from The University of Texas because she was white. The case seemed to have caught attention from around the U.S. The case soon made its way to the Supreme Court. Here’s why.
The University of Texas is a prime example of inner workings of government institutions. This represents U.S. Political culture in many ways. No one wants to take the blame. Abigail Fisher is one of many students who have been denied, but she did not take no for an answer. Justice Elena Kagan worked on this issue while she was a solicitor general under Obama but removed herself from the case.
Coalition to Defend Affirmative Action, the Supreme Court decided that the amendment of Michigan’s Constitution which banned affirmative action at public institutions was constitutional. Prior to the enactment of this law, Michigan residents had voted in favor of the proposed amendment that prohibited consideration of race or sex in admissions to Michigan’s public universities. In turn, the Coalition to Defend Affirmative Action, Integration and Immigration Rights and Fight for Equality by Any Means Necessary, sued state officials-- arguing that this amendment violated the Equal Protection Clause of the Fourteenth
In the end the Supreme Court supported the lawfulness of affirmative action, but restricted its practice. The court’s ruling
After Title IX was passed into law, schools and colleges were required to take action to make sure that they were not engaging in sex discrimination in any area of their operations, including athletics, admissions, and hiring. In cases where people felt they had been discriminated against, the law also established ways for them to make complaints. The passage of Title IX is a significant turning point in the struggle for gender equity in
Historically Black colleges and universities (HBCUs) are institutions of higher education in the United States founded primarily for the education of African Americans. Prior to the mid-1960s, HBCUs were virtually the only institutions open to African Americans due to the vast majority of predominantly white institutions prohibiting qualified African Americans from acceptance during the time of segregation. As such, they are institutional products of an era of discrimination and socially constructed racism against African Americans (Joseph, 2013). Successfully, millions of students have been educated in spite of limited resources, public contempt, accreditation violations, and legislative issues. The purpose of this research paper is to discuss
In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university 's use of racial "quotas" in its admissions process was unconstitutional, but a school 's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances. " The college was asked to at least consider blacks in the admittance of college and they were asked to not use quotas in the admission
In the articles “40 Years Later, Title IX Is Still Fighting Perception It Hurt Men’s Sports” by Goodale and “Title IX Under Fire As Colleges Cut Teams” by Marbella and Wells, the authors discuss Title IX and the effects it has on sports. Both Miller and Marbella and Wells mention Title IX as a law put in place to protect young women’s dreams of sports in college by forcing colleges to have their sports’ teams gender proportionality match their school’s gender proportionality. As the law came into effect, women’s teams in colleges were set up and flourished to meet women’s interests and the law’s requirements (Marbella and Wells). Over the years, colleges cut back on men’s sports instead of adding more women’s teams.
Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973). Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing