Abagail Fisher, a white female, applied for admission into the University of Texas. She was denied entrance because she did not qualify for Texas' Top 10 Percent Plan. This plan guarantees entrance to the top ten percent of every graduating high school class in Texas. Miss Fisher sued the University of Texas because she claimed that the use of race in admissions to the college violated the Equal Protection Clause from the 14th Amendment. The case made it all the way up to the Supreme Court which came to a final verdict. The University of Texas could use race as a plus factor when considering admissions. This use of race as a plus factor promotes diversity and therefore satisfies strict scrutiny.…
This article sheds light on the last affirmative action case which was 10 years ago. The article goes into detail about the 13 page dissent that Justice Anthony M. Kennedy issued after the ruling. The article also talks about whether or not colleges should be allowed to take race into consideration so that they can have diverse classes.…
OPINION: The special admissions program is unconstitutional, but race may be considered as a factor in the admissions process. Justice Lewis Powell (J. Powell), writing for the court, says that the Supreme Court of the United States (Supreme Court) should not pay attention to past discrimination in reviewing the policies of the University, as this is equivalent to allowing political trends to dictate constitutional principles. J. Powell determines that accepting a minimum number of minorities simply to reduce the traditional deficit of such individuals in the medical profession is unconstitutional, as it gives preference to an individual on the basis of race alone. The major determination of the Supreme Court is whether or not racial preference may be used to promote diversity of the student body. J. Powell argues that setting aside a specified number of minority slots is not congruent to the purported goal – minority students in…
Problem: Jennifer Gratz was denied the admission to University of Michigan’s College of literature, due to her race. The Supreme Court concluded that the denial was unconstitutional based on the Equal Protection Clause of the Fourteenth Amendment, and Title VI Civil Rights Act because it wasn’t narrowly tailored. They set the precedent that colleges can’t subtract points from admission due to race, because it violates the Equal Protection Clause. Decided that same year another girl named Barbara Grutter was denied the admission to University of Michigan Law School, due to her race as well. The Supreme Court decided that the University didn’t violate the Equal Protection Clause because the clause doesn’t forbid the Law school’s use of race as a factor in admissions in order to have a more diverse student…
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.…
Affirmative actions plans are used to benefit society, it is a management tool designed to ensure equal employment opportunity. It includes the policies, practices and procedures the University implements to address underutilization in its workforce and to ensure that all qualified applicants and employees receive an equal opportunity for recruitment, retention, selection, advancement, training, development and every other condition and privilege of employment. Affirmative action goes beyond non-discrimination. Whereas equal opportunity is passive, affirmative action is positive, constructive action. The general premise underlying affirmative action is that absent discrimination, over time an employer's workforce, generally, will reflect the gender, racial, and national origin/ethnicity profile of the labor pools from which the employer recruits and hires its employees. Affirmative action attempts to compensate for past discriminatory practices by requiring federal contractors to engage in "good faith efforts" to expand outreach and recruitment of women, minorities, persons with disabilities and certain protected veterans, thereby making them aware of employment opportunities and providing access to be able to pursue such opportunities. I believe that this would be illegal as the university has a right to actively seek to recruit minorities to the school but it cannot discriminate against the non-minority students who would be discriminated by eliminating the remaining spots if the quota of 20 was not fulfilled. some employers voluntarily adopt affirmative action policies and will make an extra effort to hire a diverse workforce. Once a company adopts an affirmative action policy, they should follow it to avoid lawsuits from potential employees. There was a case in July 2013 which was called Fisher v Texas. In 2008, several high school seniors who had been denied admission at the University of Texas-Austin filed a lawsuit. The…
Smith and Mr. Garcia, the turbulence may be moderate. They have already expressed concern to Mr. Pike that students that enroll from New City are underprepared for college work, even if they were in the top ten of their high school. By not having the mandate in place, the college wouldn’t have a reason to admit students of color for diversity purpose to maintain funding. This would give the college an incentive not to admit as many students of color into the college, causing even more of a problem for the student coordinators of the minority student outreach and Step Up program. Without the Supreme Court requiring that students of color be admitted into the program, there may be a drastic decrease in student admissions and the Step Up program would have a drastic cut minority enrollment. If the college recruit the targeted student population of educationally and economically disadvantaged students, regardless of their race or ethnicity, the program shouldn’t be in danger of becoming…
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”…
Fisher v. University of Texas case main issue is the automatic admission of the top 10% of the high school class has the effect of privileging moderately bright students at a school full of poorly performing students over moderately bright students at schools full of excellent performers. Diversity is not a word that alone stands for concept of race. Rather the concept of diversity should be applied in regard to race, gender, and income. At an essential level colleges and courts should look at the importance of diversity in regard to the applicant's character, which is shaped and developed by their culture and experience. Then otherwise admit members of that group into colleges and universities.…
There is such a thing as reverse discrimination. “Reverse discrimination is the unfair treatment of members of majority groups resulting from preferential policies, as in college…
Bollinger, and Gratz v. Bollinger, and in both cases, caucasian applicants felt that they had been unfairly denied admission. They believed they were being reversely discriminated against, as they watched applicants from minority groups receive benefits they did not have access to. These benefits helped the minority students get into specific universities, while caucasian applicants were beat out. In these situations, I do not believe obtaining a critical mass of minority students is that important. If the fact that they are a minority has not put them at a financial or educational disadvantage, than there is no reason that only a certain group of people should be given automatic benefits, just for their race.…
Since the 1965 Immigration and Nationality Act was signed, many Asians immigrated from Asia to America and have been taking over college applications. In result, of many Asian immigrants wishing to live the American dream, they work hard and their college applicants are highly qualified. When majority of the students are Asian many questions and problems arose. In response, requirements for each ethnic group were raised or lowered in order for more diversity in some colleges. This caused more anger from the Asian community and many colleges, universities and ivy leagues received many lawsuits for discrimination. In order for colleges to reverse the problems they have created and have the same results, they need to cap the amount of students…
One of the reasons that this is a serious problem because it will make colored students inferior to others. Some blacks have white student as their friends, and this table shows that blacks are still under others and the whites are above all. Almost like a caste system for races. This table represents the unfairness of…
Affirmative action is clearly favoring minority groups, and giving them an undeserved advantage. An example of this discrimination is clear, a statistic from the New York Times shows that after affirmative action was banned in California, the number of Hispanics and blacks accepted at UC Berkeley, and UC LA dropped sharply. Every time a college bases its decision on who to accept based on race or color, the racial tensions between minorities and majorities will rise in American…
There are a lot of schools that wouldn’t mind at all about having the C Rule going into effect. Then there is the schools that would like to use the C Rule but their sports are what gets the school's name out and some of the students that play sport or are in extracurricular activities have trouble getting good grades no matter how hard they are trying.…