Grutter V. Bollinger Essay

SUMMARY In this landmark case Allan Bakke, a white applicant to the University of California, Davis Medical School, sued claiming his denial of admission on racial grounds was a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The standing rule at the time was that race may be a factor in determining admission to educational institutions; however it cannot be the sole determining factor. FACTS OF THE CASE The University of California, Davis Medical School had been reserving 16 spots in each class out of 100 for disadvantaged minorities. Allan Bakke was a more qualified applicant compared to some of the other students admitted under the special admissions policy. Comparatively his is race was the only distinguishing characteristic.

The second case filed against the University of Michigan is Grutter v. Bollinger (2003). The suit was filed by non-minority applicants who alleged the university for using race as the prevailing factor in admitting students and therefore violated the Equal Protection Clause, Title VI and Section 1981 (Green, 2004, p. 144). In their defense, the University of Michigan argued that the university seeks to ensure their ability to make unique contributions to the character of the student body by enrolling a “meaningful number” of underrepresented minority students (Green, 2004, p. 147). In contrast to the Gratz case, the district court did not follow Justice Powell’s rationale in the Bakke case and the district court ruled in favor of the plaintiff.

Today as an adolescent, America faces a new uphill battle, free speech. Derek Bok and Charles Lawrence both write about free speech and its effect on the community. In “Protecting Freedom of Expression on the Campus”, Derek Bok poses a discussion for the changing rules on a school campus in an effort to combat racist speech. Charles Lawrence’s article, “On Racist Speech” presents a detailed view on the history, effect and how to fix racist speech rather than give away control. In comparison, both articles broach the subject of racist speech, but Bok’s uses weak reasoning and analysis, whereas Lawrence's use of inductive and deductive reasoning, rhetorical appeals and fallacies make his the stronger article.

Throughout Lincolns letter he contends for the release of the slaves stating to congress, “This is a world of compensations; and he who would be no slaves, must consent to have no slave. Those who deny freedom to others, deserve it not for themselves;

The Civil Rights movement's goal was to attain equality throughout society with nonviolent actions. Led by Martin Luther King Jr, the Civil Rights movement began with the Montgomery Bus Boycott and led to the March on Washington that culminated with Martin Luther King’s “ I have a Dream” speech. Through his actions and those involved in the movement, equality was gained through the Civil Rights Act of 1964 and the Voting Rights Act of 1965. In 1869 “separate but equal” was ruled constitutional in the Plessy v. Ferguson case. In 1954 the court then overturned the ruling of the Plessy v. Ferguson in the case of Brown v. the Board of Education saying “ separate but equal” was unconstitutional and was not equal.

Despite that racial segregation in public schools became unconstitutional due to the notable Brown vs. Board of Education court case in 1954, that was merely the beginning of the transformation of American society and acceptance. Subsequently, the new racial movement allowed other minorities to have the courage to defend their civil rights. This was not only a historical moment for minorities, but for women as well. Women, regardless of race, revolted against oppression and traditions. To be politically correct was now discretional.

It 's fair to agree with a policy that claims stringent dress codes increase the emphasis on academics and reduce the pressure of socioeconomic status; however, these dress codes violate the students First Amendment right to freedom of expression and the parents’ Fourteenth Amendment right to raise their children in their own way. In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs

This may have been the most important part of the content of Bria’s speech. When giving the opposing sides of Bria’s speech she offered the audience with two well thought out arguments. The first side stated that “by lawfully allowing racial profiling the government would be able to decrease crime rates” (Bria, “Racial Profiling”). On the other hand, the opposing side stated that “racial profiling was an act of discrimination, and therefore made communities feel unsafe” (Bria, “Racial Profiling”). Both of these viewpoints, were a vital component of Bria’s speech that she did a tremendous job of presenting.

Racial segregation has always been, and continues to be, a significant issue in the field of education. The 1954 ruling in the Supreme Court case Brown v. Board of Education forever altered the legal structure of schools. Intentional separation of ethnicities was no longer an acceptable norm within the system of public education. Affirmative action was one proposal that ensured an equal balancing of race among school and work settings. Recently, however, the Supreme Court has ruled in favor of state bans on affirmative action.

with protest, organizing, and together (unity) will bring about social change and justice. The two (2) speeches of Malcolm X and Savio were delivered to different types of audiences and both speeches dissimilar in pretexts and meaning. Malcolm X articulated how essential it was for African Americans to demand a resolve for the racial and discriminatory laws and social injustices in America. Government and its operatives were malevolence in its intent and obligations: they must exit to uphold racism and unfair practices. The political system has taken advantage of the electoral process of African Americans, and it was time that blacks demand alterations and results from the democratic process, especially the Democratic Political Party.

Broad education. Its decision created an atmosphere of confidence among black families who were worrying about the future of their loved children in the public education sector. The chief justice of the United State Supreme Court Mr. Earl Warren was clear about why the court voted for terminating segregation in the public schools. He stated, “Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other ‘tangible’ factors may be equal. The ‘separate but equal’ doctrine adopted in Plessy v. Ferguson has no place in the field of public education.” The court decision was a pivotal decision in the field of civil rights.

Justice Ruth Ginsburg wrote the dissenting opinion in which she argued the the University treats race as merely one factor in the overall decision to admit a student, which is permissible under previous judicial precedent. The significance of this case is that the decision challenged the precedent set by previous

The court accepted and the verdict came to this:" 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

This movement tried to make legal adjustments such as changing schools, and health so that all could be found equal in the law. National Association for Advancement of Colored People (NAACP): A party formed towards the well being and equality of the races. In part, founded by W.E.B. DuBois. Protected the colored people from the self-proclaimed “better race,” and their stereotypes and Jim Crow laws ( laws in which states can enforce

“A series of legislative initiatives and decisions made by the Supreme Court of the United States defined the possibilities of affirmative action policy” (Finkelman, 2004). Affirmative action is such a controversial topic which has been brought up in many Supreme Court cases. In Griggs v. Duke Power case in 1971, the court argued “Title VII” bans “not only overt discrimination but also practices which are fair in form but discriminatory in operation.” (Finkelman, 2004). To eliminate discrimination processes under Title VII, all employers began to hire and recruit more minorities. The Equal Opportunity Act of 1972 expanded Title VII protections to colleges and universities, applying affirmative action to educational