Affirmative Action: The Case Of Gratz V. Bollinger
379 Words2 Pages
GPA of 3.8 and ACT score of 25. She was denied admission
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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.
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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
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The second case filed against the University of Michigan is Grutter v. Bollinger (2003). The suit was filed by non-minority applicants who alleged the university for using race as the prevailing factor in admitting students and therefore violated the Equal Protection Clause, Title VI and Section 1981 (Green, 2004, p. 144). In their defense, the University of Michigan argued that the university seeks to ensure their ability to make unique contributions to the character of the student body by enrolling a “meaningful number” of underrepresented minority students (Green, 2004, p. 147). In contrast to the Gratz case, the district court did not follow Justice Powell’s rationale in the Bakke case and the district court ruled in favor of the plaintiff.
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Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.
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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.
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Bakke (1978) stated that the supreme court struck down on certain types of race-based preferences in state college admissions as violating the equal protection clause. This made it easier for minorities to be accepted to colleges. Sixteen out of one hundred seats were reserved for minority applicants, which were Blacks, Asians, Chicanos, and Native Americans. A white applicant named Allan Bakke, was denied admission twice, despite having a higher GPA and MCAT score than some of the minority applicant who were accepted admission. This is discrimination because applicants were accepted just because of their race, which goes against the 14th amendment.
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At least four Supreme Court justices believe that affirmative action is unconstitutional. Chief Justice John Roberts has said that “the way to stop discriminating on the basis of race is to stop discriminating on the basis of race”. This viewpoint offers no differentiation between “race consciousness” and “racism”, but is a quite common opinion. This sort of viewpoint is what may drive America towards class-based rather than race-based affirmative action. Because of the disparities in income and wealth, minorities are as likely as whites to benefit under a class-based policy.
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