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Affirmative Action Overview

  • Definition of Affirmative Action

    • A program designed to redress historic injustices against specific groups.
    • Aims to increase access to educational and employment opportunities for historically discriminated groups.
    • Focuses on access not just outcomes.

  • Public Opinion on Equality

    • Americans generally favor equality of opportunity but are skeptical of government redistribution to promote equality of outcomes.
    • There is a belief in the importance of education and jobs as keys to success, hence the connection to affirmative action.

  • Controversies in Affirmative Action

    • Affirmative action introduces complexities in defining access versus opportunity.
    • Critics argue that it can seem like inequality because it may prioritize certain groups over others.

  • Historical Context

    • The concept gained traction under President Lyndon B. Johnson.
    • Initiated through government policies aimed at increasing minority employment.

  • Supreme Court Landmark Case: Regents of the University of California vs. Bakke (1973)

    • Case involved racial quotas in medical school admissions.
    • The court ruled against quotas for being discriminatory towards non-minority applicants, while still permitting affirmative action if it served a compelling government interest.
    • The primary interest identified: diversity in university admissions.

  • Subsequent Legal Developments

    • Adarand Constructors Inc. vs. Peña (1995): Court struck down racial preferences in government contracting, reinforcing strict scrutiny on affirmative action claims.
    • Gratz vs. Bollinger (2003): Michigan’s undergraduate admission policy was found unconstitutional for being overly broad in granting points for minority status.
    • Grutter vs. Bollinger (2003): The Michigan law school’s admission policy was deemed constitutionally valid as it was narrowly tailored to promote diversity.

  • Decline in Affirmative Action

    • Since the 1970s, courts have progressively disapproved affirmative action, impacting its application across states.
    • California’s Proposition 209 (1996) banned affirmative action in public sectors, with varied effects on graduation and enrollment rates among African Americans.

  • Public Sentiment and Future of Affirmative Action

    • Support varies based on how questions about affirmative action are framed; perceived as anti-discrimination measures, they garner popularity.
    • Overall, many still see a need for support for minority groups, acknowledging historical injustices.

  • Social and Political Implications

    • The necessity of affirmative action remains debated, often influenced by individual perspectives and political beliefs.