Preview

Pros And Cons Of Affirmative Action

Good Essays
Open Document
Open Document
820 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Pros And Cons Of Affirmative Action
The concept of affirmative action is in many ways very controversial due to its implications. Proponents of affirmative action make various claims to its necessity; however, the primary defense for its implementation is that it is a source of remedy for past racial inequality that indisputably existed in America’s past. Regardless of one’s perspective on this racially charged issue, it has certainly caused a great deal of legal debate. Moreover, what makes the issue even more complicated is that there are persuasive arguments on either side of the subject’s spectrum.
These perspectives have been exemplified in various court cases. In Bakke v. Univ. of California, the respondent, Bakke, a Caucasian applicant to U.C. Davis Medical School was
…show more content…
Gratz was denied admission even though she scored 25 on the ACT and graduated high school with a 3.765 GPA, which are accomplishments that would have guaranteed her admission if her application was evaluated the way in which a favored minority applicant would be assessed.
Further, Barbara Grutter applied to the University Of Michigan School Of Law. Barbara Grutter had graduated from Michigan State University in 1978 with high honors, a 3.81 GPA, and a score of 161 on the LSAT. Despite these impressive accomplishments, Grutter was wait-listed and eventually denied acceptance. Like Gratz, Grutter’s merit would have guaranteed her acceptance if she had been evaluated under the same system a favored minority would have been. In both cases, race was the defining factor that was implemented in the rejection of the girls’
…show more content…
The Supreme Court eventually agreed to hear both cases together in 2003. Chief Justice Rhenquist, writing for the Court’s decision on Gratz, struck down the University of Michigan’s undergraduate admissions on the grounds that the system was based on outward characteristics. She explained how the system treated applicants in a manner that valued their race over their individual accomplishments. As a result, the University’s system was in direct violation of the Fourteenth Amendment.
However, in Grutter, Justice Sandra Day O’Connor upheld the University of Michigan’s Law School system because she reasoned that its attempt to foster diversity in higher education was a compelling government interest. O’Connor argued that the racial preferences made in the University of Michigan’s undergraduate system was unique to the preferences made in their law school system. Despite the ruling in Grutter, the appellate did not see complete defeat as the court limited the legality of racial preferences to twenty-five

You May Also Find These Documents Helpful

  • Good Essays

    F.The court narrowly ruled that the race tiebreaker did in fact breach the fourteenth amendment and that in higher education race can be a small factor but not only should it not be a factor in high schools but it was a very large part of the tiebreaker where it is supposed to be a small factor.…

    • 720 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In 1978 Supreme Court case, Regents of the University of California v. Bakke, 35 year old while male, Allan Bakke applied to the University of California Davis Medical School and was rejected twice while exceeding academic requirements for admission. The university reserved 16 of 100 spots for minorities in part of their affirmative action program. Bakke sued claiming he was denied admission to the Medical school both times based on race. The California Medical School argued that their admissions process is used to guarantee all individuals an equal opportunity while creating a diverse student body. Baker argued that this admissions process violated the Equal Protection Act and the Civil Rights Act. Did the University of California violate…

    • 219 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Fisher filed suit against the university and other related defendants, stating that the university of Texas’ use of race as a consideration in admission decisions was in violation of the equal protection of the fourteenth amendment.…

    • 92 Words
    • 1 Page
    Good Essays
  • Good Essays

    FACTS/BACKGROUND: Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race.…

    • 344 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Brennan states that one of the proposed majority decisions is changed into a dissent before the final ruling is announced, then the Justices will figure out the final form of the opinion. In “Separate but Equal”, a dissent never existed, the Supreme Court just skips it and goes right to writing the final form. This article shows how the Supreme Courts decisions can cause major issues and controversies among the country. “Separate but Equal” proved to be a great example of all the controversies and problems that can result from decisions made by the Supreme Court by dealing with the issue of Segregation in public…

    • 767 Words
    • 4 Pages
    Good Essays
  • Better Essays

    On June 23rd 2016, the judges of the supreme court gathered to analyze a challenge about the University of Texas of Austin’s race-conscious admissions program. This case, known as Fisher II v. The University of Texas, was brought about when senior Abigail Fisher applied to the University of Texas and did not get in. She was not accepted in the top ten percent program as well( a program in Texas Law stating that top ten percent students from all schools in Texas get automatic admission into UT Austin), and firmly believed that she had the academic status to get in. She implied that the fact that she was white and had a good financial status reduced her chances of admission into the university and that she was heavily racially discriminated.…

    • 2122 Words
    • 9 Pages
    Better Essays
  • Satisfactory Essays

    What is the basic argument given by Justice Powell on why the University of California’s admission policy was wrong?…

    • 118 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Powell joined that opinion as well, contending that the use of race was permissible as one of several admission criteria. So, the Court managed to minimize white opposition to the goal of equality (by finding for Bakke) while extending gains for racial minorities through affirmative action. The nature of this split opinion created controversy over whether Powell's opinion was binding. However, in 2003 in Grutter v. Bollinger and Gratz v. Bollinger the Supreme Court affirmed Powell's…

    • 813 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In Grutter v. Bollinger, the Court accepted that the “critical mass” concept was not an “outright racial balancing”, where race was used as a factor in the admission process (Alexander 151). Therefore, the Court held that diversity is a compelling interest for the University of Michigan Law School as long as race is not the only factor considered for admission. In addition, the Court concluded that the “benefits of diversity are substantial” and “promotes cross racial understanding, helps to break down racial stereotypes, and enables students to better understand persons of difference races” (Chemenrisky 772). Moreover, “the Court accepted the university’s argument that the education of all students is enhanced with a diverse student body”…

    • 174 Words
    • 1 Page
    Good Essays
  • Good Essays

    But before this theory appeared in American social and political debate the ideological background in the United States had to change. American universities and schools since the end of 50s have transformed on the all levels of curriculum. The direct beginnings of transformation process of American schools and universities in respect of race’s diversifications date back to first court’s decisions in case of diversity of student’s groups. One of the fundamental decision in this case was court case, which influenced American society in 1954, known as “Brown vs. Board of Education and the Interest Convergence Dillema”. This case finally decided that diversity of public schools in terms of racial segregation is against constitution and has deleted…

    • 264 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    of Education. The case ended up making it all the way to the supreme court where…

    • 288 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Considering diversity within the campus is an important factor for college boards across the country, the admission offices are prone to deny applicants of common, white ethnicity if an applicant of the same, or lessened, qualifications, but who obtains a more diverse ethnicity. Although this practice may seem to be in favor with what the Brown v. Board of Education desired to accomplish, it is reasonable to question if the importance of diversity over the best applicants has taken things far beyond the extent of equal opportunity to education. More specifically, the University of California at Davis (a medical program) has a regular admission program and a special admission program. Most students fall under the regular admission program and have to meet certain requirements such as above a 2.5 GPA. However, the special admission program accepts the applicants of the minority group and have been found to be disadvantaged through the education system in the past. Where the unfairness comes up is that the “Special candidates… did not have to meet the 2.5 grade point cutoff and were not ranked against candidates in the general admissions process” (Regents of University). With the standards of the minority applicants straying from the standards of the majority applicants, the inequitability of the college admission process has…

    • 1610 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The court held that “The Fourteenth Amendment is inconclusive as to its intended effect on public education,” (4). Thus, the cases presented “must be determined, not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life,” (4). By viewing the Fourteenth Amendment as such, the court interpreted it as protecting student’s rights to an equal education. Under this interpretation, the previous idea of ‘inherently equal’ no longer applied.…

    • 512 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Supreme Court was presented with the case of Fischer vs. The University of Texas where Abigail Fisher was suing the University for discrimination in their affirmative action based admissions process. The Supreme Court voted 7-1 and ruled to send the case back to the lower courts for further review and put off making any final decisions to change the U.S. policy on affirmative action, a “longstanding but fragile societal compromise, one that forbids quotas but allows using race as one factor among many in the admissions process” (Laptik). Both articles discussed in length the constitutionality of the race-based admissions process as well as explaining the Supreme Court’s position on the matter. The justices made statements that explained that the admissions programs must be subject to strict scrutiny where the it can be determined that classification based on gender, race and ethnicity occurs for the sole purpose of creating a diverse student population. The programs that use affirmative action in public universities are being scrutinized to ensure that their methods are a means to an end and serve to create diversity only. This issue will come before the Supreme Court again in the future and there will most likely be a more permanent ruling on the matter.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Injustice is something that has always existed and unfortunately will continue to exist. Injustices deprive people of their abilities to strive for better goals and dreams. It is time that the minorities that have and continues to suffer from these injustices to be restituted. I argue that the affirmative action has not completed its intended purposes of presenting minorities with equal rights. And that it is needed now just as much as it was needed in the past.…

    • 513 Words
    • 3 Pages
    Good Essays