ipl-logo

'Affirmative Action Policy Is Unconstitutional' By Daniel Hung

480 Words2 Pages

In the article, “UT’s Affirmative Action Policy Is Unconstitutional,” Daniel Hung argues that affirmative action should not be in the college admission process. Hung explains the Supreme Court’s rulings of Gutter v. Bollinger and, more specifically, Fisher v. The University of Texas. He also criticizes the UT’s affirmative action policy and why the Supreme Court should rule against UT.
Daniel introduces the article by focusing on Fisher v. The University of Texas. He argues that the Supreme Court’s ruling against Fisher in a 7-1 vote was unconstitutional (Hung). He defines affirmative action as “discrimination on the basis of race in University admission processes” (Hung). Hung continues his argument by stating that those who support the affirmative action policies are ignorant because they think that affirmative action is necessary to right past wrongs. He claims this is ignorance because “any basic research would reveal that the Supreme Court has held that affirmative …show more content…

This law also ensures diversity on campus, and on top of that affirmative action is still used for the remaining students that are not at the top 10% of their class (Hung). Evidently, race plays a crucial role in the admission decisions. Hung claims that race shouldn’t play such a big role in the admission process because it is considered discrimination. He supports this argument by comparing the average GPA and SAT scores of those students that were granted admission but were not in the top 10 percent of their class. African Americans had the lowest averaged scores, followed by Hispanics, then whites, and then Asian Americans. African Americans had an average GPA of 2.57 and an average SAT score of 1525 (Hung). Asians had an average GPA of 3.07 and an average SAT score of 1991 (Hung). There is a significant difference between the academic profile of African Americans and

Show More
Related

Case Study Of Abigail Fisher V. University Of Texas

625 Words | 3 Pages

After carefully reviewing the oral argument and brief of case 14-191, Abigail Fisher v. University of Texas at Austin, I was impressed how well the plaintiff attorney argued her defense during the trail. The litigations were as stated, in 2008, the UT Austin enrollment department wrongfully denied admission based upon the school considered race discrimination in its admission process because Fisher was a white female student, and because of her inadequate academic achievements. Fisher lawyer focus adequately on the highlight of the case by persuading the court that she would have gotten accepted into the university if she wasn’t stereotyped on such matters: race, top 10 percent student, grades, test scores which she refer to as personal achievement index. UT at Austin attorneys really didn’t have much leading factories to propose a concrete objective. In the argument Fisher attorney used the Justice Powell‘s example on Bakke system to support is statement.

Read More

Abigail Fisher Case Study

927 Words | 4 Pages

In the court case Grutter v. Bollinger, it was ruled that that race had an appropriate but limited role in the admissions policies of public universities. Both Fisher and Michalewicz believed that the school was selecting more people that where of color over equally as eligible whites due to this court case. Fisher decided to bring this

Read More

Supreme Court Case: Abigail Fisher V. University Of Texas

776 Words | 4 Pages

The equal protection clause dictates that the Federal government must grant, “the equal protection of the law” to all U.S. citizens. Through this clause, affirmative action was developed, but only under certain circumstances; for a law dealing with discrimination to be upheld, it must be reasonable, must further a state objective, and must be a compelling state objective. In the case Fisher v. University of Texas at Austin, the debate is whether or not promoting educational diversity is a compelling state objective. The use of race in college admissions is found to be unconstitutional.

Read More

Supreme Court Case Study: Fisher V. Texas

858 Words | 4 Pages

The Supreme Court made a mistake when they decided with the University of Texas; no college should take in race as a factor when selecting applications of students. In 2007, two female high school students applied to the University of Texas; one of the girls being Miss Abigail N. Fisher. Abigail was a caucasian, in the top 12% of her school at Stephen Austin High School, but she was denied by the University of Texas along with a friend of her’s. However,

Read More

The Case Of West Central Dixie State University V. The Sons Of The Confederacy

2066 Words | 9 Pages

Because there are two cases involved, there are two different legal questions that we must answer. First, we were to answer whether The Asian Society’s and its members Equal Protection rights were abridged upon by them being denied the benefits of the other minorities that attend West Central Dixie State University. Secondly, we were to answer the question brought to the court by The Sons of the Confederacy: Is the policy of positive segregation implemented by the university unconstitutional based on the rights guaranteed in the Fourteenth Amendment, specifically the Equal Protection clause. We agree with the lower Court’s ruling in the case of The Asian Society that the policy itself it not unconstitutional, but that it does violate the Fourteenth Amendment because the compelling interest of the university is not narrowly-tailored enough. It should include all minorities not just some for the policy of positive segregation to fulfill its purpose of multiculturalism and diversity.

Read More

Fisher Vs Bakke Case Analysis

331 Words | 2 Pages

UT also did not show that their process (for how students were admitted) was necessary. 2. Merits/elements of Fisher v. UT-Austin Respondent University of Texas believes that their review about students is necessary as confirmed with the Fifth’s Circuit Court’s ruling. UT believes that race needs to be considered in the application process. UT’s core beliefs are boosting minority enrollment and creating a more diverse student body.

Read More

A Brief Case Of Regents Of The University Of California V. Bakke

960 Words | 4 Pages

In the case of Regents of the University of California v. Bakke, Allan Bakke a white male was rejected from regular admissions into California University. He was rejected twice; meanwhile, minority students with lower grade point averages were being admitted into the same school under a special admissions program. After his second rejection, Allan Bakke was very upset, so he filed a law suit to the Superior Court of Yolo County, California. He wanted the chance to be admitted into medical school through the special admissions program. The University said that their admissions program was important and it ought to be kept in the University.

Read More

Summary Of The Fisher V. University Of Texas Supreme Court Case

572 Words | 3 Pages

The Fisher v. University of Texas Supreme Court Case (argued in 2015) involves how race affects college admissions and how a certain student reacted to it. The purpose of the article is to inform the audience about the use of race in college admissions without considering the effect on the students. The argument made in the article is that the documentation of race does not violate any laws declared in the United States Constitution (“Fisher v. University of Texas”). A white female student, Abigail Fisher, was denied admission to the University of Texas because she did not qualify for the Top Ten Percent Plan.

Read More

Plessy Vs Ferguson Research Paper

688 Words | 3 Pages

In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university 's use of racial "quotas" in its admissions process was unconstitutional, but a school 's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances. " The college was asked to at least consider blacks in the admittance of college and they were asked to not use quotas in the admission

Read More

Maria Sotomayor Case

1682 Words | 7 Pages

Coalition to Defend Affirmative Action, the Supreme Court decided that the amendment of Michigan’s Constitution which banned affirmative action at public institutions was constitutional. Prior to the enactment of this law, Michigan residents had voted in favor of the proposed amendment that prohibited consideration of race or sex in admissions to Michigan’s public universities. In turn, the Coalition to Defend Affirmative Action, Integration and Immigration Rights and Fight for Equality by Any Means Necessary, sued state officials-- arguing that this amendment violated the Equal Protection Clause of the Fourteenth

Read More

California Vs Bakke

1496 Words | 6 Pages

The Supreme Court case of The Regents of the University of California versus Bakke questioned the use of affirmative action in applications. The medical school of the University of California at Davis reserved sixteen out of one hundred seats of every entering class for minorities (Blacks, Chicanos, Asians, and American Indians) (Banfield pg.82). Allan Bakke a white male in his mid-thirties was twice denied access to the University strictly based on quotas, although Bakke had MCAT scores and GPA higher than other minority applicants admitted (McBride par.3). Bakke would later sue The University of California on the basis that the school had violated the civil rights act of 1964.

Read More

Argumentative Essay On Race-Conscious Admissions

1013 Words | 5 Pages

The main precedent that has stuck with the court from Bakke to now Fisher is that a diverse student body is a compelling enough interest for a university to pursue. This goal is to be carried out in a narrowly tailored manner which the court has accepted as a race-conscious admissions program. The program is deemed constitutional on the basis that it only uses race as a plus factor in the admissions process. These programs, however, run in stark contrast to the provisions set forth in the Equal Protection Clause; in which the state is not allowed to treat individuals differently based on the category of race. The race-conscious admissions program albeit better than a pure quota system still uses race as a crucial factor.

Read More

Standardized Testing Bias

1523 Words | 7 Pages

Another thing that places students of color at a disadvantage in college admissions is the persisting cultural bias in high-stakes testing. “High-stakes” tests are those that are tied to major consequences, such as admission to college, or even high school graduation. Fair education reform advocates have long been citing an extensive record of standardized testing concerns, many of which relate to racial bias and discrimination. As researcher and author Harold Berlak explains in the journal Rethinking Education: Standardized testing perpetuates institutionalized racism and contributes to the achievement gap between whites and minorities. For instance, the deeply embedded stereotype that African Americans perform poorly on standardized tests

Read More

Shackled Runner Thesis

1028 Words | 5 Pages

According to the dominant theory the affirmative action was firstly introduced to deal with two types of social disruption in the 1960s as campus protests and urban riots in the North. However, this article is based on different theory as dominant theory's empirical evidence is limited. It examines the initial reason for advent of race-conscious affirmative action in 17 undergraduate institutions in the United States. And according to the research this article concludes that there were two waves that contributed to affirmative action: 1) first wave in the early 1960s introduced by northern college administrators 2) second wave in the late 1960s introduced as a response to the protests of campus-based students. This article will help me to establish the main reasons for introduction of race-conscious affirmative action in undergraduate

Read More

Argumentative Essay On Racial Equality

1734 Words | 7 Pages

Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973).  Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing

Read More

More about 'Affirmative Action Policy Is Unconstitutional' By Daniel Hung

Related Topics

Open Document