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Supreme Court To Hear Affirmative Action Case This Year

February 22, 2012 by  

Supreme Court To Hear Affirmative Action Case This Year

A 2003 Supreme Court decision, Grutter v. Bollinger, allows for affirmative action to be considered when public universities choose which students to admit. But in the term that begins in October, the Court will hear the case of one white student’s claim that the racial policy kept her from getting a spot in the freshman class at the University of Texas.

The Administration of Barack Obama has previously supported the 2003 Court decision that allows race to be used as a determining factor of university acceptance. In Texas, the policy calls for universities to first accept students in the top 10 academic percentile regardless of race. The institutions then accept all other students from a pool of applicants in which race is considered along with other factors, including community service, leadership qualities, test scores and work experience.

In Fisher v. University of Texas, student Abigail Noel Fisher says that she, being part of the second-round pool of applicants, was unfairly discriminated against by the State’s policy. Her lawyer, Bert Rein, contends that the State’s race-neutral policy for the top 10 already fulfills minority student requirements since 30 percent of enrolling students are from minority groups.

Affirmative action opponents hope the Supreme Court will do away with the race policy, and the issue is expected by some experts to come up during the Presidential election. Republican candidate Ron Paul likely represents the strongest opposition to the affirmative action-friendly Obama Administration.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • s c

    Affirmative action (an asinine term) amounts to blatant reverse discrimination. If a responsible, non-governmental agency could accurately determine each ethnic group’s correct representation on any given day [good luck], perhaps this wouldn’t be a issue. But even THAT assumes that a member of any given ethnic group is academically well-qualified as opposed to merely ‘ready’ to go to school.
    As it is, “A A” renders instant, protected status to any ethnic group that wants to equate ‘fairness’ with reality. The original decision was probably reached on a day when the entire Supreme Court had a blend of a bad hair day with group insanity – or worse. Did those S C members get on the court via a pass-fail system or popularity contests?
    There are better ways to approach school admissions. To equate good intentions with constitutionality based on ‘aw shucks’ makes a joke of the Supreme Court. Either a student is qualified to be selected or that student is NOT.
    Since when is mediocrity an effective recommendation? Some students MUST be superior to others.
    WHY is it necessary for a review committee to speak directly with a student? If students are equal when it comes to grades, let a selection committee interview a student
    WITHOUT seeing that student. REMOVE the ‘aw shucks’ ploy, and let those wannabe student ‘chips’ fall where they may. This is the real world, not a fricking utopia. Social promotion (a form of affirmative action) is worthless in seeing to it that America gets graduates who have earned their education. Don’t we already have enough ‘graduates’ who can’t read or write or think? People, we’re talking about colleges and universities – NOT high school.

    • RevNowWhileWeCan

      C’mon sc. If you’re implying that nobody on the Supreme Court has ever been appointed for anything other than their qualifications, you’re being a bit naive, no?

  • RevNowWhileWeCan

    I am ethnically mixed and I am opposed to “affirmative action” for one simple reason. It doesn’t work. It is well intensioned but dosen’t work the way it was meant to making it utterly unfair. If and ONLY IF all the factors can be fairly evaluated and they ALL come back even across the board then I would support it because I beleive any minority in a group has the ability to advance the group as a whole. That also stands for a white person applying to Howard or Alcorn State.

  • Patriot1776

    Until this great nation can make decisions and progress as one nation of Americans instead of allowing politicians to divide us into groups based on the color of our skin, the origins of our ancestors, our income or any other difference we will never achieve unity. To exclude any individual or group of individuals because they are white, or black is racist. The affirmative action program promotes racism by requiring a quota based on race.

    • Mary

      To many opponents of affirmative action, a color-blind society should not discriminate at hiring time on the basis of color, sex, etc. Meanwhile, more Americans came to believe that affirmation action is no longer necessary, and that instead of leveling the playfield for minorities, it unfairly punishes whites.
      But Affirmative action is necessary for black people, Hispanics to survive. Even they say that all human races are equal but Black people have biologically and genetically low IQ compare to white people or Asians. Scientists have given many researches in this matter. To be surviving in this society Black people and other minority need Affirmative action. Someday when percentage of white population decrease and minorities increase then our society still would use the affirmative action. See, South Africa uses affirmative actions against white people even whites are minority there.

      • http://liberty Tony

        To Mary:
        Are you insane!?! Get some help for yourself.

      • Nadzieja Batki

        So you say that you are so desperately stupid that you cannot get up in the morning without government help. God protect us from someone as stupid as you are.

      • Crystal

        Mary you’re wrong. I’m Black and I don’t need Affirmative Action. Only liberals think Black people need Affirmative Action because you believe we’re so stupid and dumb that we can’t possibly make it in society.

    • Ellen

      Go to any prestigious college campus and you’ll see many Asians and some blacks and some whites. They want to push the liberal agenda of diversity to the point that whites are pushed out because they are white. What good does diversity really mean to a college campus anyway? AA also has the stigma of seeing a black in a leadership role and wondering did they deserve to get that role or are they really incompetent? Many blacks in leadership roles only hire other blacks to fill positions. They are far more racist than whites. There is no denying blacks were discriminated against decades ago. But, we should’ve evolved past that to a society where everyone proves their own worth. AA keeps that from happening and just perpetuates racism and stereotypes. Blacks are constantly told that they are discriminated against and that whites are racists, even though that is no longer true.

      • Crystal

        In addition, UCSD just last year put the brakes on admitting so many Asian students in order to become more diverse. Screw diversity, I want to know that I was hired due to my qualifications.

    • smoothnu

      I agree with you all the way. I would like to take it a step further though. I think Affirmative action laws are not intended to make things fair by any stretch of the imagination. I believe that the implication of being fair is only a public relations tool used to sell this idea into law. The reasoning behind this in my opinion is to keep us as a whole divided. To in fact drive a wedge between ethnic groups. Ruling over a group of people that are truly united would be next to impossible. Ruling over people that are to caught up hating one another would and is easier. The acceptance into college should be based on GPA. Start at the top and work your way down.

  • Sirian

    As long as AA is kept in place it will continue to be a harbinger of misdeeds. It no longer is necessary – let kids get the best grades they can muster and in so doing see if they can be accepted here, there or wherever they apply. If they make it, great, if they don’t, give another college a shot. Have we forgot how much Federal funding is tied to AA? Colleges/Universities don’t, get it?

  • Deerinwater

    I’d like to see affirmative act disappear, it offers reverse discrimination and over time is counter productive and a point of consternation.

    It’s human nature at work.

    If you want to run your cafe with a bunch of pretty fat gals, you only need to hire “one” and place her in the position to hire and fire.

    If you want to run your bank with pretty black girls, just hire “one” and place her in the position to hire and fire.

    I didn’t write this rule, it’s just the way the world seems to work.

  • Jim

    Just wait until the homosexual agenda reaches minority status which is what their ultimate goal is. Then you will have to allow admittance by your sexual preference. How do you prove that? Time to do away with affirmative action on any level. Make the playing field level for all. Imagine the outcry if we started a United White Peoples College Fund.

    • Nadzieja Batki

      It is already being done.

      • Nadzieja Batki

        The answer I supplied was to your three questions.

  • eddie47d

    That is one thing about America that is brilliant and each and every American has the right to challange the way we do business. We have rights that few countries have and it sometimes gets messy sorting those rights out but I wouldn’t want it any other way. There is nothing wrong with a black student or a white student taking on the establishment to secure their equal footing within our laws. Their is nothing wrong with a gay person wanting equal rights. Their is nothing wrong with a women wanting to be treated the same and being payed the same for doing the same work. A Muslim should be able to pray as they choose and so should a Christian. Affirmative action for persons with a disabilities is crucial so they can get out and achieve the same thing others do. In the long run that makes them less of a burden on society. If we treated everyone equally to begin with there wouldn’t have been a necessity for any Affirmative Action. Is the pendulum swinging back to smooth out the wrinkles of over reaching ? Maybe so and yes it is important that one persons rights doesn’t trample on another . I say hooray for Abigail Fisher if she is being discriminated against and hopefully justice for her will also prevail. We are a land of Liberty and Freedom for all whether for Ms Fisher or the nine Little Rock school children.

    • LadyBug

      So, as far as I understand, you equate being a racial minority or a female with being disabled?

  • Jamie Cameron

    I was a trained ASE auto tech ,F/Gm,Dlr Tech & N Vet, I applied for a City Auto Mech. Job with 110%qualified for the job ,and AA card came in to play they got a untrained employee as well.. Needless to say I’ll never apply for another Job
    .the competitions rules of engagement blind sides us all , Game over.

  • bob

    Affirmative action, while nice in theory is flawed in reality. In the 60′s when blacks were being discriminated against for jobs and school, yes it helped many get an education or a career. Today it is not necessary, Most blacks have the avantage going for job interviews if they’re just as qualified, and have more programs, grants and scholarships than whites. No its outdated and needs to be reviewed.

  • s c

    For the utopian crowd (amazingly quiet for the moment), if you want a challenge, get in touch with a former member of Special Forces, and ask what happened to that great unit when A A played hell with their ability to get the best of the best. I repeat, utopians, this is the REAL world. La La land is for dreamers and children – NOT adults.

    • nc

      SC, I find it strange that a minority, blacks, could have produced such a qualified group of pilots in World War II and since but for some reason can not meet the qualifications of another branch of the service. Or the Asian minority who fought so bravely in Europe cannot make muster in special forces. Could it be that you are more judgemental toward minorities ? NO???? If someone else never made it BECAUSE OF AA how do you know they ‘WERE THE BEST OF THE BEST”? BECAUSE THEY WERE WHITE????????????????

      • Pete0097

        The ONLY thing that matters in an elite force is that the best get in. There should not be special allowances for people just because they are white, black, male or female. If they can do the job, that is who should do it. I know a qualified white guy that scored a perfect on the PA state police entrance exam and was told that he would not be hired because there were too many whites already on the force. This is not right. Do you want an unqualified person trying to save your life or protecting your country.

      • s c

        You utopians are so emotional. And when you scream, I just turn down my hearing aid. What was your point, sonny?

      • eddie47d

        I thought you were the main screamer on this site SC? Your daily dose of anger and loathing on every subject makes everyone want to run for the nearest bottle of Prozac.Every neighborhood has a crazy lady and you’re ours.

    • Alex

      Special Forces, s c? Are you out of your mind? Who gives a damn about those baby-killers and schoolgirl-rapers?

      • Libertytrain

        Oh poor alex….

      • s c

        You seem to have over-dosed on your hate pills again today, comrade. When it comes to murdering babies, you and your ilk sure know a lot about it, don’t you, comrade?
        I know hypocrisy and useful idiot garbage when I see it, and you are close to the top of your class, Adolf.

  • bpost

    It’s been 50 years; two generations is enough; abolish Affirmative Action, NOW.

    • Nadzieja Batki

      Like a weed that takes over a garden and spreads its seeds everywhere, affirmative action has done the same. How will you contain it?

  • RW113

    To undue affirmative action, the Supreme Court will have to overrule its own Judge Made laws, which, in and of themselves, violate the express terms of the US Constitution. Query, who in their right mind would find that the guarantee against discrimination based on race, color, or religion was not intended to apply to Caucasians or Christians? Yet, this is the current status of the ruling of the US Supreme Court. Perhaps this is why the Constitution set up a system for enacting laws – with checks and balances – and did not delegate such authority to the courts, with no Veto, or check and balances of their decisions. 9 people with absolute authority passing laws fundamentally changing the USA, and discriminating against a large segment of its population is totalitarianism, not a Constitutional Republic!

  • Cynthia

    Affirmative action is a load of crap! Students, just like police and firemen, should be chosen and promoted based on academic achievements, not the color of their skin! That law was only meant to oppress those who are achievers based on some bogus claim of “fairness”! That’s what the liberals believe, and it’s a bunch of garbage!

  • Wendy

    DI-versity, (meaning divide), has no place in a UNI-versity, (meaning unite).

  • doctordoctor

    Affirmative action is just the cover wording for discrimination. There will never be respect for those who must use this form of discrimination to make-up for their lack of diligence or ability. Equality demands equality. When I look at those whom I know are the work of affirmative action, I know they are not qualified–they are frauds, liars, cheats who had to use a bastardazied system invented by liberals who by nature are devoid of ethics, morals, or any standards of decency. Respect must be earned. Even the heavy handed-ness of the criminals in government cannot force those of us who work for our rewards to provide respect for those who only usurp unearned “entitlements” to which they are not entitled at all.

  • Pete0097

    The University I graduated from decided at the onset of affirmative action that they would accept kids only on academics. The NAACP fought this decision, however, the school held their ground saying that although the thought is nice, if they can’t cut it, too bad and both the school and the kid will have wasted their time. The school refused to lower their standards. A great number of minorities attend and all are quite welcome and only the best get through.

  • http://personallibertydigest gottaplenty

    AA is just a political tool to use in any way that is useful to the one using it. In my many years of observing AA it is more times used as reversed discrimination than for any other reason. Gets the FEDs foot in door a lot easier…Into your private life…

  • Alex

    Affirmative Action does not allow unqualified students to gain access to higher education at the expense of more qualified applicants. The students admitted under the program are still bright, well-qualified applicants eager to further their education at top schools.

    What Affirmative Action does do is help create a stronger student body (and thus a superior learning experience) by helping to create a more well-rounded learning environment.

    We White people are to blame for the existence of the program in the first place. After Emancipation, White people, rather than welcoming the newly-freed slaves into their schools, neighborhoods, and workplaces, used laws and mob rule to protect White privilege.

    Affirmative Action is only a small remedy for centuries of White hate and our refusal to “grow up” and join the real world. Any way you cut it, we White people are History’s most hateful and oppressive people.

    • s c

      Set that crap to some music, a, and you can dance with ‘e’ and the rest of this website’s utopians. Follow the fuhrer. Love the fuhrer. Praise the fuhrer. Worship the fuhrer. National socialists and utopians are predictable.
      You wouldn’t know responsibility, character or love of country if you could take them to bed, comrade.

    • BH

      Wow. You’ve got it bad. Obviously a liberal. You hate yourself.

      Have you ever owned a slave? No? Ever “used laws and mob rule to protect White privilege”? No? Do you have “White hate”? No?

      Then you have nothing to feel guilty about.

      Get over it. The civil war was 150 years ago. Yes, lots of white people fought to keep blacks in slavery, and then fought to keep them down. Particularly Democrats, who opposed the abolition of slavery and after the war formed the KKK to discourage blacks from voting (they were voting, and being elected to Congress, as Republicans). But even more white people fought to end slavery, or the other side would have won. It was white citizens who were willing to fight against slavery in America that brought it to an end.

      You said “Affirmative Action does not allow unqualified students to gain access to higher education at the expense of more qualified applicants.” Well, obviously, by its very nature, Affirmative Action selects a person based on race who would not otherwise have been selected, thus replacing another applicant who, based on criteria other than race, would have been admitted instead. You can argue that the A A student was also “qualified”. But given the rise of remedial programs at colleges across the country (due primarily to the falling quality of public school education), I think there is evidence that the AVERAGE student is at best only barely qualified. Thus any substitution of less qualified for more qualified means more unqualified students who cannot succeed.

    • LadyBug

      The only thing AA results in is a scepticism toward female and racial minority graduates and professionals. People question if their achievements are real or merely a result of the AA.

  • gnafu

    I pray to God that students, today, no matter what race, can apply, be accepted in colleges until there is no room at the Inn. We need to get past the era of racism, and it was happening, until Obama Administration instigated still more racial crisis. Shame on them!

  • FWO21

    Affirmative Action was so no one would be discriminated against, but it, like so many other things have been abused and twisted that it is unrecognizable. Why is it okay to discriminate against whites but not anyone else? The other day on the radio the guy says the hispanic is a majority-minority. There is no such a thing. Either you are in the majority or you are in the minority but you can’t be both. Read and it will explain some about affirmative action. Just do a search.

  • james

    I personally try to be nice to everyone regardless, but there are some absolutes that we have to admit, everyone does not have the same abilities in every area, example some people are not mechanical inclined,some people cannot sing well,etc, we have to have a fair way to choose who is the most qualified, in my opinion AA is keeping things messed up by trying to bypass this principle, less do away with this and use a merit system so we do not unfairly treat either race.

  • ranger hall

    AA is out dated. BUT the Lower standards are still in Place. MILITARY, POLICE and FIREDEPTS.
    BUT you also have to look at the Production standards, WHAT they were 50 years ago and WHAT they are TODAY.
    THE playing Field is more EQUAL today.
    BUT now we have the Mexican Population, WE graduate students from Hi-school cannot speak english, Cannot even read a Tape Measure,ETC.All the things needed for a better and Higher Education.
    BUT the standards are still LOwer, Even for the Whites and other Races. BUT the number one LEARNING People in this Country IS NOT THE WHITES, The ASIANS,ARABS,INDIANS, Etc are much more Education PRONE, On the Average Asians Learn English in 1-3 Years, ALSO most WORK at any job they can get. The Asian Women are even more Driven then the Men.
    THE WHITES use to be like this, some still are. What sets People apart IS what they DO to make things better for themselves and Family.
    AND all SFs and military People ARE not Baby Killers and Rapist. AND MOST also Never Killed UNARMED Men and WOMEN. THO you had a few that did Break these Rules for What. HATE-GLORY-MEDALS- And then just a few SICK ONES BUT they got away with it and were Not PUNISHED like they should have Been. The FEW insulted the MANY.

  • ranger hall

    OH i should have Mentioned the PILOTS and the BRASS that gave the Orders were The worst, And MOST never seen the results of there work CLOSE UP. ITS called if you dont SEE it dont bother you.WONDER how many PILOTS and the Brass have PTS.

  • Franklyn Molina

    Ugh! When are these idiots going to learn that affirmative action has been a bad idea since the movie Black Hawk Down? And if there are any liberal morons reading this who want to call me a racist for not supporting affirmative action, I say, go to hell! It’s complete BS. Racism is defined in the dictionary as being biased towards an individual BASED ON SKIN COLOR. Affirmative action allows people to get things like high profile jobs and college scholarships BASED ON A CERTAIN SKIN COLOR…Yeah. If you can’t make the connection, then…you might want to apply for affirmative action.


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