Affirmative Action : Fisher V The University Of Texas Essay

Not only does Affirmative action prevent discrimination, but also this legislation implemented by the national government can diversify and improve the overall well being of businesses and schools. Sometimes individuals of a minority group are rejected for a position or declined acceptance to a university not because they are inept, but due to outdated stereotypical assumptions that cause an employer or official to reconsider that person. The ideas behind affirmative action prevent unfair labeling from those whose

Whether the University’s consideration of race is narrowly tailored to a principled, detailed diversification goal. A university’s approach, actions, and goals must be

A person has just obtained their dream ACT score, 34, while maintaining outstanding extracurricular activities throughout high school. After applying to the university of their choice, they are informed that they have not been admitted. Crushed and confused, they go on the university’s website only to discover that the university is looking for people with a more diverse racial background. Standing in the way of their acceptance is a defective policy formally known as race-based affirmative action. Informally called affirmative action, it is a combination of adopted policies that construct an advantage to minority groups, giving them more possibilities to succeed in jobs, education, and other aspects of daily life. The whole concept came

Race-conscious admissions policies (and affirmative action policies generally) are subject to strict scrutiny. This standard requires universities to demonstrate that the inclusion of race furthers a compelling governmental interest, and is narrowly tailored to achieve that interest. Of particular importance to the Court is whether “the means chosen ‘fit’ th[e] compelling goal so closely that there is little or no possibility that the motive for the classification was illegitimate racial prejudice or stereotype.” Put differently, universities must demonstrate that including race in the admissions process is necessary to enroll a diverse student body, and is accomplished through means that are reasonably calculated to achieve the educational

For many the subject of affirmative action is worth protesting over, however, there are a few who would love to see the existence of affirmitive action abolished. Affirmative action has always been a long debated topic with two different communites arguing very different view points. Although affirmitive action can cause friction among many different opionated people, on the other hand, the results of the practice has ensured the college educations for many of minorities in America. Should this practice be allowed during the college admissions process is the question that remains to be debated. The right to attend college is considered to be a privilege for students who are able to enroll within a university of their choice. Those who

Imagine, your walking down the street looking for a job. You see a sign in the window that says, “Whites encouraged to apply.” Imagine the period in time when just being white got you into a college, without any other considerations of grades or athletic ability. Those were the days of the Jim Crow laws. Now these instances have happened in the past 20 years, through new laws called Affirmative Action. The big argument is over these few years of affirmative action. Have they alleviated the pain of the Jim Crow laws? The answer to that question is no. Especially, in the case of the University of Michigan‘s use of Affirmative Action in the acceptance of students. Using race as

Since race has been allowed to be a factor in decision making for admittance into the school, admissions in minorities has increased due to the favor on diversity. Abigail Fisher (a caucasian female) applied for UT in 2003, but was denied admittance into the university. She filed a lawsuit against the University of Texas at Austin claiming that she was not admitted because of her race which violates the Equal Protection Clause. Nikole Hanna- Jones speaks on how Fisher felt wrongfully denied her admittance in the university. In her article What Abigail Fisher’s Affirmative Action Case Was Really About “But she was cheated, they say, her dream snatched away by university that closed its doors to her because she had been born the wrong color: White (2016, p. 1).” Reflecting on this case, Fisher’s affirmative action of feeling like she was denied, because of her race is understandable. Her denial of admittance brought light into the subject for not only UT, but for other universities in how their decision making processes can affect students personally by lowering their self-esteem and it also diminishes a university

On March 6, 1961, President John F. Kennedy issued Executive Order 10925, introducing the phrase “affirmative action.” A few years later, President Lyndon B. Johnson issued Executive Order 11246, which prohibited discrimination based on race, color and religion. Although there were no specific policies that require colleges and universities to use affirmative action programs, they voluntarily gave advantages to minorities and women in the admission process. Affirmative action programs were first challenged in Regents of the University of California v. Bakke (1978), in which the Supreme Court ruled that racial quotas are unconstitutional and violated the 14th Amendment. However, schools could still use race as a factor in the admission process as long as it is not the only factor. As a result, colleges have adjusted their affirmative action programs to fit the guidelines outlined by the Court. Today, affirmative action is still a highly controversial issue. In modern day America, the majority of Americans support affirmative action, but there are still those who do not. Affirmative action benefits minorities by moving jobs towards minorities, but the shift is relatively small. Affirmative action also provides minorities with higher acceptance rates to colleges and universities. On the other hand, opponents of affirmative action often cite mismatch theory as one of their main reasons of opposition, but minorities who attend high tier colleges actually benefit from the the

For over forty years the issue of affirmative action has been subject to a tremendous amount of debate and controversy. Affirmative action policies and programs seek to redress and eliminate past and present discrimination based on race, religion, gender, ethnicity, or sexuality; and therein lies the controversy, as much of the opposition to affirmative action argues that it creates reverse discrimination. Affirmative action is beneficial in assuring that women and minority groups don’t assume rolls of inferiority amongst society; and it encourages positive action to ensure that qualified candidates for employment positions and admissions to universities are given equal opportunity and consideration. The issue of affirmative action has become

Reading about the Abigail Fisher case, many online commenters were outraged by her actions. However, I did not see a flaw in her reasoning for arguing the unconstitutionality in this. I really think that it is an issue that should be corrected. Nevertheless, I would like to take the time and analyze the colleges’ point of view and try to amplify that. As part of controversial issues, we tend to feel ignorant by accepting only one part of the information, whereas the other side would have no say. To make this paper controversial, I would like to focus on the racial discrimination of each race during the admission process. If I feel as if I need to be more specific, I would narrow this essay down to spotlight it on Caucasians. Otherwise, I would like to entertain the audience with all racial

Resistance to affirmative action has existed from the time it was introduced (Allen, 2011; Kaufmann, 2007), and in many instances, the U.S. Supreme Court has played a crucial role in determining the extent to which it can achieve its original goals (Zamani & Brown, 2003). One of the earliest cases to challenge the use of affirmative action was DeFunis v. Odegaard (1973), of which the court found the University of Washington Law School’s use of race in admissions to be unconstitutional (Platt, 2007; Zamani & Brown, 2003). The law school was accused of having separate admissions procedures for students of color by giving less weight to their predicted first-year averages. As such, DeFunis argued that underqualified students of color had been

As a testament to the next discussion point of opportunities, especially within the realm of college admission, I have experienced firsthand the opportunities presented by affirmative action. As a low-income, first-generation college student, Virginia Tech had offered me a full scholarship based solely on merit and financial need. As a “minority” according to Virginia Tech, I had an

In Hopwood v. Texas, Cheryl Hopwood along with three other caucasian law school applicants challenged the affirmative action program at the University of Texas Law School. She claimed that she was denied admission to the law school despite being better qualified than many admitted minority candidates. Hopwood along with Douglas Carvell, Kenneth Elliott, and David Rogers, all had better combined LSAT and grade scores than 36 of the 43 Latinos admitted, and 16 of the 18 blacks admitted (Hentoff 1). Judge Sparks ruled that the University could continue to use the racial preferences which had been the issue in the case. In the ruling, he wrote that it was "regrettable that affirmative action programs are still needed in our society", and that they were still "a necessity" until society overcomes its tradition of institutional racism (Hopwood V. Texas 1). After the four plaintiffs appealed the case, the Fifth Circuit Court of Appeals wrote, "the University of Texas School of Law may not use race as a factor in deciding which applicants to admit in order to achieve a diverse student body, to combat the perceived effects of a hostile environment at the law school, to alleviate the law school's poor reputation in the minority community, or to eliminate any present effects of past discrimination by actors other than the law school"( Hopwood V. Texas 1). The University appealed the decision, but the U.S. Supreme Court declined to review, making the case the law of the land in Louisiana, Mississippi, and

In 2008, Fisher applied to be in the freshman class at the University of Texas (Barnes, 2012). Fisher alleged the university’s racial diversity program unfairly favored African-Americans and Hispanics over Whites and Asians and that her non-selection was solely based on race (Barnes, 2012). The university countered that even some white students with lower scores than Fisher were admitted and the school was after “the best class, not simply on racial diversity” (Barnes, 2012, p. 4). Organizations have to be very careful in their selection process and not pick solely on race or risk being sued in local, state, or federal

College, one of the first and most important milestones individuals achieve. Many students strive to make excellent grades, excel in varsity sports, and get involved in extracurricular activities, solely to stand out from the crowd. Every determining factor in college admissions is up to the individual, except for one, race. A vast amount of students find this factor controversial. Colleges are accepting and denying students admission based on a factor that students have no control over. This system of admission has been implemented by the government in 1961. The system was created due to the colossal amount of discrimination minorities have faced in the past, it’s called Affirmative Action. Affirmative Actions purpose was to create a diverse environment, which meant, sometimes turning down the best individual for the job. At the time, this was necessary, but now, not so much. Affirmative Action was crucial for minorities to gain financial stability after being oppressed for decades, but in modern society, there has to be a system to assure the best individual for the job. Affirmative Action can cause a predicament for society in a whole. A highly qualified student can be denied admission from their first choice college, due to their race. They can be subjected to Affirmative Action after they graduate also. When the individual is looking to start up their career, Affirmative Action can be a factor that denies them from obtaining that position.