Introduction
The case of Students for Fair Admissions v. University of North Carolina is currently before the U.S. Supreme Court, and centers on the University of North Carolina's use of race in its admissions policies. The petitioner, Students for Fair Admissions, have brought claims alleging that the university's use of race discriminates against Asian American applicants in violation of the Equal Protection Clause of the Fourteenth Amendment and federal civil rights statutes, including Title VI of the Civil Rights Act of 1964. The legal issues before the Supreme Court include whether the university's use of race in admissions decisions is constitutional under the Equal Protection Clause, whether the university has a compelling interest
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Bollinger. Following precedent, the University of North Carolina does not violate any federal civil rights statutes. A diverse student body enriches the educational experience for all students. To achieve this interest, the University of North Carolina's admissions policies consider race as one of many factors in a holistic evaluation of each applicant. The university's use of race in admissions decisions is narrowly tailored to achieve its goal of promoting diversity on campus. Furthermore, the University of North Carolina's admissions policies do not discriminate against Asian American applicants. The university's holistic admissions process considers a wide range of factors, including race, and does not rely on quotas or predetermined targets. The university points to evidence showing that Asian American applicants continue to be admitted at high rates and that their enrollment numbers have increased in recent years. The petitioner’s claims under federal civil rights statutes are without merit. The University of North Carolina's use of race in admissions decisions does not discriminate against any particular racial or ethnic group, and its policies are consistent with Supreme Court precedent that allows for the limited use of race in college admissions to achieve diversity. The petitioner's statistical analyses are flawed and do not …show more content…
Congress recognized that education is one of the most important areas in which discrimination can occur and included education institutions as recipients of federal funds under Title VI. The Department of Education has issued regulations interpreting Title VI to require schools that receive federal funding to take affirmative steps to promote diversity and prevent discrimination. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance. The Department of Education has interpreted Title IX to require schools to take affirmative steps to prevent discrimination and harassment based on sex, including sexual harassment and sexual violence. The Supreme Court has also recognized that Title IX's prohibition on sex discrimination extends to discrimination based on gender stereotypes and sexual orientation. By prohibiting discrimination and harassment based on sex, Title IX promotes a safe and inclusive learning environment for all students, which is essential to achieving the educational benefits of diversity. The use of Title IX also has a compelling interest in promoting diversity on campus has been recognized by lower courts, including the Sixth Circuit in the case of Doe v. University of