Affirmative Action Case

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Saddleback College *

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PS 1

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Philosophy

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Dec 6, 2023

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docx

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Uploaded by DeaconCrownWolverine7

DECISION ON A COURT CASE Topic: The US Supreme Court is hearing a case on the issue of affirmative action. A group of students are suing a university because they believe that they were unfairly denied enrollment in favor of students from a protected group. Their attorney has argued that their test scores, grades, and extracurricular activities would have guaranteed them admission if the university did not have a quota system in place. The attorney for the university has argued that a quota system is necessary to maintain diversity on campus and to provide opportunities for groups who face discrimination. Assignment: Imagine that you are an aide for the Supreme Court justice who is writing the decision for this case. Complete the notes below to help the justice prepare a draft. Choose one side of the issue: this affirmative-action program is fair, or it is unfair. Use a variety of online sources to research the topic, then fill out the worksheet. Claim: The affirmative-action program is unfair Supporting reason : No one, regardless of skin color or gender, should be denied the same rights or opportunities as anyone else. Sometimes affirmative action can have the opposite effect than intended and give people opportunities based on their race or gender rather than their actual qualifications. The nation’s colleges and universities must use colorblind criteria in admissions. Supporting evidence: In a 2022 Pew Research Poll, 74% of people had responded that race or ethnicity should not be a factor in admissions. The figure has remained relatively consistent since 1978. Meritocracy can be under minded. By giving preferential treatment to certain groups, affirmative action can lead to less qualified individuals being selected over more qualified individuals. The UC school system currently has a merit-based policy. As of fall 2022, California guarantees admission to as least on UC School to all in-state high school graduates in the top 9%of their class. Also, introduced was a comprehensive review process to “evaluate students’ academic achievements in regards to the opportunities available to them. By using a variety of criteria including a student’s special skills and achievements, special circumstances and location of high school. Supporting evidence: Affirmative Action can lead to reverse discrimination. Highly qualified candidates from a privileged background may be denied admissions to a university or a job opportunity in favor of a less qualified candidate from a marginalized group. The case of Gratz v Bollinger, (2003) where Barbara Gratz, a white student was denied admission to the University of Michigan. She argued the university’s admissions policy unfairly gave preferential treatment to certain minority applicants based solely on their race. The Supreme Court ruled that the university’s undergraduate admissions policy was unconstitutional because it used a rigid numerical point system that automatically awarded points to minority applicants based on their race. This approach did not provide individualized consideration of each applicant’s unique qualifications. Affirmative action policies must be closely tailored and consider applicants on an individual basis.

Counterclaim: Affirmative action promotes diversity and give opportunities to those who may be affected by racism. It has opened up higher education opportunities for millions of people for over 60 years. It is an essential part of creating campuses that reflect America. It helps breakdown systemic generational weaknesses and unreasonably affects underrepresented communities. Colleges that are allowed to consider an applicant’s race or ethnicity in admissions are more representative of their state’s demographics than are colleges in states with affirmative action bans. Rebuttal: Affirmative action does promote diversity and primarily focuses on race and ethnicity, however, this can overshadow other forms of diversity. Socioeconomic background, geographic location or unique talents and experiences are other important areas that are overlooked. The Equal Protection Clause of the 14 th Amendment states that no state shall deny any person within its jurisdiction equal protection of the laws. This clause prohibits discrimination and ensures that individuals are treated equally under the law. Cross, Ameshia. “Infographic: 5 Facts about Affirmative Action.” The Education Trust , 31 May 2023, edtrust.org/the-equity-line/infographic-5-facts-about-affirmative-action/. Farrar, Lauren. “Is Affirmative Action Fair?” KQED , 17 Dec. 2018, www.kqed.org/education/531023/is-affirmative-action-fair. G, R. “What Is Affirmative Action?” The Economist , The Economist Newspaper, www.economist.com/open-future/2018/06/15/what-is-affirmative-action. Accessed 9 Nov. 2023. Gratz, Jennifer. “Discriminating toward Equality: Affirmative Action and the Diversity Charade.” The Heritage Foundation , www.heritage.org/poverty-and-inequality/report/discriminating- toward-equality-affirmative-action-and-the-diversity. Accessed 9 Nov. 2023. “Research & Policy.” National Conference of State Legislatures , www.ncsl.org/research/education/affirmative-action-overview. Accessed 9 Nov. 2023.

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