Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

October-10-12

SCOTUS Hears Affirmative Action Case

The US Supreme Court is hearing oral arguments today in affirmative action case Fisher v. University of Texas. This is the third time the Court has considered affirmative action in higher education in 35 years. In its two previous rulings the court has decided that race may be one of many factors considered in the admissions process, but racial quotas are prohibited.

The case, brought by Abagail Fisher, a Caucasian student claiming to have been denied admissions at the University of Texas at Austin on account of her race, could "eliminate diversity as a rationale sufficient to justify any use of race in admission decisions." The US Court of Appeals for the Fifth Circuit previously ruled in favor of the University of Texas, indicating that the university had not violated the civil or constitutional rights of the plaintiffs.

Ninety-eight friend-of-the-court briefs have been filed in the Fisher v. University of Texas case- seventy-three of those briefs argue for the court to uphold affirmative action. The last time the Supreme Court heard an affirmative action case, Grutter v. Bollinger in 2003, Sandra Day O'Connor wrote the majority opinion in the 5-to-4 ruling to prohibit public colleges and universities from using a points system in admissions decisions to increase minority admissions, but ruled that the schools could account for race in other ways to promote diversity. Justice Anthony M. Kennedy, widely considered the current court's swing voter, dissented that decision in 2003 and has never voted to uphold an affirmative action program in his career.

Justice Elena Kagan, having worked on the case during her term as solicitor general, has disqualified herself from hearing the case. Therefore, it is possible that the decision could be a 4-to-4 tie, effectively upholding the lower court's decision in favor of the University of Texas. However, NPR reports that experts think this outcome is highly unlikely, "and that the court accepted this case for the very purpose of either reversing its past affirmative action rulings, or making such plans so restrictive that they are possible in theory, but not in practice."

Media Resources: Feminist Daily Newswire 2/22/12; NPR 10/10/12; NY Times 10/10/12


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

9/29/2014 Hope for Afghan Women as New President is Sworn In - Ashraf Ghani, who has has publicly and consistently stated his support for women's rights and women's participation in government, was sworn in as the new President of Afghanistan today at the Presidential Palace in Kabul. Over 1000 national and international guests attended the ceremony, including high-ranking officials from the United Nations and 34 countries, including a delegation from the United States. . . .
 
9/29/2014 Civil Rights Lawsuit for Transgender Workers Is First of its Kind - The Equal Employment Opportunity Commission (EEOC) has brought two lawsuits on behalf of transgender workers. . . .
 
9/29/2014 Advocates and Legislators Say NFL Corrections Go Wide But Not Deep Enough - Women's rights activists and anti-violence advocates are continuing to put pressure on the National Football League (NFL), calling for a more inclusive and robust institutional response to domestic violence and sexual assault as well as an independent investigation into the League. This summer, NFL executive leadership came under fire after the League failed to take action when video evidence of Ravens' running back Ray Rice punching his then-fiancee surfaced. . . .