US Judiciary - Affirmative Action

  • A programme giving members of a previous disadvantaged minority a head start e.g in higher education or employment.
Examples:
  1. Gratz vs University of Michigan: Undergraduate programme was too “mechanistic” according to the SC. All black, Hispanic and American Indians were given 20/180 points automatically.
  2. Parents vs Jefferson County: Can’t let students in for the purpose of achieving racial balance
  3. Fisher vs University of Texas: Use of race in its admission policy must be subjected to scrutiny as time goes on – can be viewed as positive discrimination.
Does It Work:
  • Some people saw Obama’s win in the election as a victory for affirmative action, The Atlantic wrote that “He did not ask people to vote for him because he black.”
  • Some will argue that it does work because more BME residents are more likely to feel success.
  • Some say that it will not work because it means that society stays entrenched with race unable to progress.
Advantages & Disadvantages of Affirmative Action:
Advantages:
Disadvantages:
Such programmes lead to greater levels of diversity which would not have been achieved by just leaving things as they were.
Preference for one group leads inevitably to disadvantage for another group. Issue of reverse discrimination. “you create anger and resentment”
Affirmative action is justified on the basis that it rights previous wrongs. The previously disadvantaged are now advantaged.
Can lead to minorities to be admitted to courses or given jobs with which they are ill-equipped to cope. A study found that putting black students in a class with white students with high SAT scores saw the black students doing worse than their counterparts.
It opens up areas of education and employment which minorities otherwise would not have considered.
Affirmative action can be condescending to minorities by implying that they need a helping hand in order to succeed thereby demeaning their achievement.
In education, a diverse student body creates not only a better learning environment but also one in which ethnic and racial tolerance is promoted.
Perpetuates a society based on colour and race thereby encouraging prejudice.
It is the most meaningful and effective means thus far devised by government for delivering the promise of equal opportunity
Affirmative action is no more than a quota system under another name
It works. More black people aged between 25-29 in 1960-1995 saw a rose in graduation from 5% to 15%
Focuses on groups rather than individuals. “involves a clash between the liberal notion of what the individual is worth and collective interest of a group or race”

Has Affirmative Action Been Good For America:
Yes:
No:
Has helped to reverse decades of discrimination and righted numerous wrongs.
Has divided the black community rather than empower it
Given black American community hope – and education, jobs and housing
Like the racism it sought to end, it is itself a programme based on race
Increasing evidence of minority students at top university
Has led to resentments and inequalities for the majority community
Helped to promote community diversity
Lowers aspirations by offering racial preferences
Has helped to promote equality of opportunity and equality of outcome
Puts minority students into academic places where they will struggle and compete and succeed.