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.