Affirmative Action

Define affirmative action

Policies and measures designed to increase opportunities for historically disadvantaged groups such as women and ethnic minorities - these policies aim to adress past decrimianation and promote diversity by consodering fcators such as gender and race

What is the importance of Gratz v Bollinger 2003?

In a 6-3 ruling the court stated that the University of Michigan’s affirmative action was unconstitutional as it automatically awarded 20 out of the 150 points needed for admissions based on race.

What is the importance of Grutter v Bollinger 2003?

5-4 ruling which ruled that the more individualised approach in considering the racial profile of its applicants was constitutional - as long as its based on equality of opportunity not outcome.

What is the importance of Fair Admissions v Harvard 2023?

• Fair Admissions argued that race-conscious admission policies discriminated against Asian American and White applicants.

• This challenged Grutter v Bollinger and the SC ruled against Harvard (6-2) striking down AA stating that it was discriminatory and lacked clear and measurable objectives.

• It didn’t ban considerations of race but colleges can not use race as a direct admissions factor - spit down ideological lines.

• This ended AA based on race which could lead to decline in diveristy.

During AA, how much did black student enrolment rise in the University of Michigan?

It was 7% when AA was allowed and currently its 4% (2022) - the student population in Michigan is 17% Black

What does the striking down of AA highlight about the SC’s power?

That it can have a wider impact on society

Which party largely supports AA?

The Democrats as its a party-wide policy instead of Congress supporting it as a whole; The Presidents usually supporting it as a whole; The Presidents usually support AA as Obama would file amicus brief to defend AA.

What are the arguments against AA?

Some argue that its not needed as Congressional representation is improving and thus are able to property defend and represent minorities. Also key POCs have been high profile political figures and thus are evidence of racial equality.