“Civil rights are rights that constitute free and equal citizenship and include personal, political, and economic rights” (Altman). Discrimination is defined as denying someone these rights based off of race, sex, ethnicity, etc. Affirmative action was put into place to ensure equal representation and fair treatment of minorities in college admission policies. Since it began, it has increased the number of minorities admitted into colleges and has made it harder for average white Americans to be admitted. Many have begun to argue reverse discrimination, particularly after the Bakke case. There have been four landmark cases and decisions in the Supreme Court that have gone on to form the way colleges select students for admission. This process …show more content…
Bakke was a landmark Supreme Court decision and was the case that began the discuss of reverse discrimination. This case was heard and decided by the Burger Court. Allan Bakke (35-years-old) applied to the University of California Medical School at Davis. He applied for admission twice and was rejected twice. The school had an affirmative action program that tried to fix unfair minority exclusion from higher education and the medical area. “The medical school reserved 16 out of 100 seats in its entering class for minorities, including ‘Blacks,’ ‘Chicanos,’ ‘Asians,’ and ‘American Indians’. The rigid admissions quota was administered by a special school committee” (McBride). Bakke believed his rejections were racist because his qualifications were greater than any of the minority students that were admitted over him. He believed he was rejected from admission directly because of race. The question that was directed at the court was “Did the University of California violate the Fourteenth Amendment’s equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke’s application for admission to its medical schools?” (Regents of the University of California v. Bakke). Ultimately, the Court votes deemed that Bakke should be admitted to the medical program. The Court ruled that while race could be used in admissions decisions, “any racial quota …show more content…
She was denied admission. In the Supreme Court case Grutter v Bollinger (2003), the University admitted it used race as a factor for admission. Grutter asked the Court to decide, “Does the Law School’s use of racial preference in admissions violated the Equal Protection Clause of the Fourteenth Amendment or the Civil Rights Act of 1964?” (Grutter v. Bollinger). The Court clearly stated that diversity was a compelling interest in higher education at the time because of the limited number of minorities in higher education at the time. Alex McBride further explains the ruling, stating “the school's interest in promoting ‘student diversity’ was sufficiently ‘compelling,’ and its case-by-case admissions process was ‘narrowly tailored’ enough, to withstand strict scrutiny. ‘Student diversity’ was important enough to pass constitutional muster because it both counters racial stereotypes and ensures the presence of racial minorities in the nation's elite” (McBride). Unlike in Gratz v Bollinger, where the University had a distribution of points, making it a quota system, in Grutter v Bollinger, the Court held that the Law School’s goal of attaining diversity did not make its system into a quota and therefore was constitutional. In the dissent, the Court made it clear that the Law School’s policy was constitutional because minorities
Click here to unlock this and over one million essaysShow More
Institutional discrimination focusses on the mistreatment of a larger group of people such as minorities, while individual discrimination focuses on the mistreatment of a single person. I think institutional discrimination is a more serious social issue because for the obvious reason that it affects more people, and also affects the logistics of society on a larger scale, for example, institutional discrimination has affected African-American home buyers. Statistics show that if you are African-American you are sixty percent less likely to get approved for a home loan, not only is their approval chance less but if they do get approved statistics show that their loan interest rates are also higher than that of white people. These statistics are
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 1950, in the Sweatt v. Painter and McLaurin v. Oklahoma State Regents cases, the Court struck down segregation of African American students in law and graduate schools. The Justice Department, in its brief to the Court, said it believed Plessy was unconstitutional and should be overturned. NAACP Legal Defense Fund lawyers, led by Thurgood Marshall, began to devise a strategy that would force the Court to re-examine the constitutionality of the separate-but-equal doctrine (2015 The Leadership Conference on Civil and Human Rights/The Leadership Conference Education Fund). Thomas Madison had every right to go that college, he met every schoo. 1978:
Elements of UC Regents v. Bakke UC Regents v Bakke helped affirm the use of having affirmative action when applying to colleges and when college decisions were made. Bakke was under the belief that he was being excluded because of his race. Sixteen of Hundred seats in the entering class were for minorities. Bakke was denied admission to the medical school for University of California Davis, though his MCAT and GPA score were much higher than the minority applicants
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.
Alan took the school to court saying that he should be able to take a spot, and that it was wrong to reject someone with good grades just because of reserving spots for minorities. Bakke fought with the school to get a spot, the court then took the action: "The California Supreme Court ruled in favor of his equal protection claim declaring that the admissions program was unlawful and enjoined the School from considering the race of an applicant. The judgment was affirmed in part and reversed in part" (Casebriefs). His case was later approved, and he received a spot in the
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
Marina Vinnichenko Term Paper: Court Case Gong Lum v. Rice Gong Lum v. Rice (1927) stands out as the case within which the U.S. Supreme Court explicitly extended the pernicious doctrine of “separate but equal”. In this case the issue was whether the state of Mississippi was required to provide a Chinese citizen equal protection of the law under the Fourteenth Amendment when he was taxed to pay for public education but was forced to send his daughter to a school for children of color. Mаrtha Lum, the child of the plаintiff of the case, was a citizen of the United States аnd a child of immigrants from China. She enrolled in and аttended the local public consolidated high school at the age of 9, but was told midway through her first day that
Furthermore, the University of North Carolina's admissions policies do not discriminate against Asian American applicants. The university's holistic admissions process considers a wide range of factors, including race, and does not rely on quotas or predetermined targets. The university points to evidence showing that Asian American applicants continue to be admitted at high rates and that their enrollment numbers have increased in recent years. The petitioner’s claims under federal civil rights statutes are without merit. The University of North Carolina's use of race in admissions decisions does not discriminate against any particular racial or ethnic group, and its policies are consistent with Supreme Court precedent that allows for the limited use of race in college admissions to achieve diversity.
The continued neoliberalism thinking is consistent with this decision. Although the overall goal was to desegregate schools that enrolled mostly white students, the Fordice decision also affected higher education and even led to the desegregation of primarily black colleges. This litigation is still
Nine years after the United States Supreme Court ruled separate is not equal many schools were still segregated. Judge Bohanon wanted to end this, so he forced a stop to segregation in Oklahoma City Public Schools through his ruling (1). This shows how government leader like Judge Bohanon would try to stop segregation. With them using the power they had they would start with one small area such as schools and it would get the ball rolling to be able to expand the stop of segregation in other areas. Colleges could no be segregated as of June 6, 1955 because of the ruling by Oklahoma’s Board of Higher Education (8).
People cannot choose their race when they are born, rather they have choice to work hard and excel in life. There should be standards on admission criteria based on academic achievements. It violates their right as an equal citizen of the country when they face discrimination based on race. Fourteenth Amendment protects the equal rights of the citizens and any discrimination towards them. It would not be fair to people to certain race not being admitted because of their skin color or ethnicity.
In term 2, I have learnt many things along the way from SAWI. Invisible discrimination is present worldwide and everyone has faced invisible discrimination before, be it the majority group or much more frequently the minority group. Discrimination is the treatment or making a different judgement against someone based on their group which that person is thought to belong to rather than by their personal achievements. This includes the treating of an individual or group based on their membership in that certain social group in an approach that is much worse than how people are normally treated. Discrimination restricts an individual of a certain group to be unable to have benefits or opportunities as another more majority group.