As I’m sure many heard, this last week featured a number of articles on affirmative action. Before discussing any of this however: a little bit of background. The New York Times reveals affirmative action is a term that originated in an order by President Kennedy that sought to prevent race discrimination. President Johnson extended the order to any organization that receives federal money. In the 70’s, a man that claimed he was denied admission due to his white race sued the University of California. His case went to the Supreme Court in 1978 and the ruling favored the university saying race could be used as a factor in the admissions process if it was to keep a diverse student body, but quotas were unlawful.
Fast forward to 2003. Two more cases were taken to the Supreme Court regarding affirmative action – these cases upheld affirmative action while also narrowing how race could be used in admissions. Next in 2015, there was another case that went to the Supreme Court involving another white applicant to a college (the University of Texas). Once again, the courts ruled admissions could use race as a factor in admissions.
This brings us to the present. There is a current case which accuses Harvard of discriminating against Asian Americans and giving minorities preference in admissions. It is very likely that this case will go to the Supreme Court.
Although there is a historical guardianship of affirmative action, these are different times. In 2003, the Supreme Court narrowly favored the university and it was Sandra Day O’Connor who stated the Constitution “does not prohibit the law school’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.”
But O’Connor, the first female Supreme Court Justice, is retired and no longer serving as a justice. These are different times. Instead we must consider the impact that the newest justice will have, Neil Gorsuch – appointed by Trump despite Democrats’ bitter refusal and attempt to bar him from serving as a justice.
Clearly, there is a certain amount of anxiety surrounding the issue of affirmative action and it’s not very surprising. So far, the current administration has had many diverse groups of people fearing for their rights and protection. The rhetoric of Trump’s campaign and the current anxiety that has been created even throughout his presidency has left many concerned. The New York Times released an article on affirmative action that did not help this very potent anxiety. The article “Justice Dept. to Take On Affirmative Action in College Admissions” sparked a whirlwind of response on August 1st when it featured an internal document from the Justice Department that sought current lawyers interested in working on a new project on “investigations and possible litigation related to intentional race-based discrimination in college and university admissions.” The document does not explicitly identify whom the Justice Department thinks is at risk with affirmative action, but many felt it clearly targeted programs which universities and colleges designed to bring more minority students into the universities.
In response to the uproar this article caused, Politico issued a report saying the Trump administration denies any broad attack on affirmative action policies. Regardless of this, it seems to be a topic, which will quickly come to a crossroads, especially given the current and past rhetoric of the Trump administration concerning minorities within the U.S.
