Affirmative action in university admissions undergoes legal challenges, questioning race consideration.
Supreme Court scrutiny shifts towards strict scrutiny, impacting affirmative action policies and race-based admissions.
Deep dives
The Modern Debate on Affirmative Action
Affirmative action is highlighted through the case of Fisher v. University of Texas, encapsulating the debate on considering race in university admissions. The case involves a student, Abigail Fisher, who was rejected despite lower test scores and grades of some admitted students. The Equal Protection Clause transformed to undermine civil rights, questioning if race and ethnicity should factor in university admissions.
Abigail Fisher's University Admission
Abigail Fisher's application to the University of Texas led to a legal dispute. With a 3.59 GPA and 1180 SAT score, she was rejected under a revised admissions policy considering race among other factors. Fisher's rejection prompted a legal battle against affirmative action, supported by a nonprofit challenging racial discrimination in admissions policies.
Legal Framework and Supreme Court Decision
The Supreme Court faced Fisher's case twice, addressing race-based admissions and the Equal Protection Clause. The court's scrutiny shifted from rational basis review to strict scrutiny, impacting affirmative action. Justice Thomas's concurrence debate on racial discrimination and educational benefits shaped affirmative action policy.
The Impact of Affirmative Action and Diversity
Affirmative action's evolution towards diversity aims to correct historical injustices and promote equality. However, the debate over its efficacy and impact on minority groups remains contentious. The narrow increase in minority enrollment at educational institutions highlights ongoing challenges in addressing racial disparities.
On the third episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the affirmative action case that flipped the Equal Protection Clause on its head.