In the article, “UT’s Affirmative Action Policy Is Unconstitutional,” Daniel Hung argues that affirmative action should not be in the college admission process. Hung explains the Supreme Court’s rulings of Gutter v. Bollinger and, more specifically, Fisher v. The University of Texas. He also criticizes the UT’s affirmative action policy and why the Supreme Court should rule against UT.
Daniel introduces the article by focusing on Fisher v. The University of Texas. He argues that the Supreme Court’s ruling against Fisher in a 7-1 vote was unconstitutional (Hung). He defines affirmative action as “discrimination on the basis of race in University admission processes” (Hung). Hung continues his argument by stating that those who support the affirmative action policies are ignorant because they think that affirmative action is necessary to right past wrongs. He claims this is ignorance because “any basic research would reveal that the Supreme Court has held that affirmative
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This law also ensures diversity on campus, and on top of that affirmative action is still used for the remaining students that are not at the top 10% of their class (Hung). Evidently, race plays a crucial role in the admission decisions. Hung claims that race shouldn’t play such a big role in the admission process because it is considered discrimination. He supports this argument by comparing the average GPA and SAT scores of those students that were granted admission but were not in the top 10 percent of their class. African Americans had the lowest averaged scores, followed by Hispanics, then whites, and then Asian Americans. African Americans had an average GPA of 2.57 and an average SAT score of 1525 (Hung). Asians had an average GPA of 3.07 and an average SAT score of 1991 (Hung). There is a significant difference between the academic profile of African Americans and
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.
After carefully reviewing the oral argument and brief of case 14-191, Abigail Fisher v. University of Texas at Austin, I was impressed how well the plaintiff attorney argued her defense during the trail. The litigations were as stated, in 2008, the UT Austin enrollment department wrongfully denied admission based upon the school considered race discrimination in its admission process because Fisher was a white female student, and because of her inadequate academic achievements. Fisher lawyer focus adequately on the highlight of the case by persuading the court that she would have gotten accepted into the university if she wasn’t stereotyped on such matters: race, top 10 percent student, grades, test scores which she refer to as personal achievement index. UT at Austin attorneys really didn’t have much leading factories to propose a concrete objective. In the argument Fisher attorney used the Justice Powell‘s example on Bakke system to support is statement.
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]
The U.S. Supreme Court Case Regents of the University of California v. Allan Bakke was officially decided June 28, 1978. The case addressed the issue of use of affirmative action in university admissions processes. Affirmative action, also referred to as positive discrimination, was a result of the Civil Rights Movement of the 1960s, and was intended to ensure equal entry to educational institutions or employment entities to certain groups that “have historically suffered invidious discrimination” (Janda et al., 477). However, sometimes this method causes discrimination of other groups, through establishment of racial quotas. University of California employed the process of affirmative action and instituted racial quotas in its admissions
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.
He did not understand why he was not being admitted into the University while blacks, Asians, and other minorities were being excepted when they were plainly just not as smart as Allan. The lower court ruled that the special admissions program violated the state and federal constitutions and was illegal. Race should not be a deciding factor in the admissions process. But the lower court also ruled that Allan Bakke should not be admitted into the University of California because he failed regular admissions.
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 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
The Supreme Court case of The Regents of the University of California versus Bakke questioned the use of affirmative action in applications. The medical school of the University of California at Davis reserved sixteen out of one hundred seats of every entering class for minorities (Blacks, Chicanos, Asians, and American Indians) (Banfield pg.82). Allan Bakke a white male in his mid-thirties was twice denied access to the University strictly based on quotas, although Bakke had MCAT scores and GPA higher than other minority applicants admitted (McBride par.3). Bakke would later sue The University of California on the basis that the school had violated the civil rights act of 1964.
Sure it creates diversity, but a student who is more deserving to go to a prestigious school shouldn’t be denied a spot because he isn’t a minority. Bakke won the case and a spot in the university, and the Supreme Court invalidated the school’s special admissions program. Now all students are equally likely to be accepted into a state
Race preferences in college admissions are mandated by the government. Certain race quotes must be met, or federal funding is reduced. The trend of government mandated quotas does not end there. We now are starting to see forced diversity quota hires/admissions with LGBT persons. In Canada compelled speech is forcibly enforced, so that one must call people by their preferred pronouns, even if they are biologically incorrect.
Another thing that places students of color at a disadvantage in college admissions is the persisting cultural bias in high-stakes testing. “High-stakes” tests are those that are tied to major consequences, such as admission to college, or even high school graduation. Fair education reform advocates have long been citing an extensive record of standardized testing concerns, many of which relate to racial bias and discrimination. As researcher and author Harold Berlak explains in the journal Rethinking Education: Standardized testing perpetuates institutionalized racism and contributes to the achievement gap between whites and minorities. For instance, the deeply embedded stereotype that African Americans perform poorly on standardized tests
According to the dominant theory the affirmative action was firstly introduced to deal with two types of social disruption in the 1960s as campus protests and urban riots in the North. However, this article is based on different theory as dominant theory's empirical evidence is limited. It examines the initial reason for advent of race-conscious affirmative action in 17 undergraduate institutions in the United States. And according to the research this article concludes that there were two waves that contributed to affirmative action: 1) first wave in the early 1960s introduced by northern college administrators 2) second wave in the late 1960s introduced as a response to the protests of campus-based students. This article will help me to establish the main reasons for introduction of race-conscious affirmative action in undergraduate
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