Affirmative Action Fisher V The University Of

Posted in Uncategorized Abigail Fisher speaking outside the Supreme Courth InAbigail Fisher sued the University of Texas at Austin on the grounds that their use of race in admissions was discriminatory and unconstitutional. The University of Texas has a Top Ten Percent Rule where those who were in the Sandra Day OConner percent of their class at certain high schools got automatically admitted to the university. Applicants who did not fall within the top one percent got thrown into a larger pool of applicants where race was one of many things considered in their admission. After her rejection from the larger pool of applicants, she sued the University of Texas on the grounds that race was the reason for her rejection.

Equal Protection laws must pass all three levels of scrutiny to be passed.

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The most intense level of scrutiny is strict scrutiny. Failing to meet one of these criteria makes the law unconstitutional.

A law attempting to use race in any sort of vetting process must first prove that the law serves diversity. The law must also prove that this diversity serves the interest of the institution. Diversity must be shown to enhance and help those within and affected by the institution. Diversity for the purpose of publishing statistics or meeting a quota is not considered a compelling interest. Most universities argue Affirmative Action Fisher V The University Of diversity is a compelling interest because it serves to give the students exposure to a large a variety of worldviews and opinions. It also helps to prepare the students for a diverse workforce where not everyone may agree with them.

If a university can prove that through no other means can diversity be achieved than to consider race, the law can be considered narrowly tailored.

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Race cannot be the sole factor involved in achieving diversity. Diversity does not simply mean that people of different races are at an institution. Things like financial background, where the applicant grew up, and life experiences must also factor into diversity as worldview is not dictated solely by race. Inthe case made it back to the Supreme Court after passing the standards of strict scrutiny in district court.

One of the things that the University of Texas had to survive strict scrutiny was its past. Historically, the University of Texas had used a race factoring method of determining of admissions. This practice was done away with when it did not pass strict scrutiny, and it was accused of being used to achieve a racial quota instead of diversity. For a while afterwards, they used a system that had zero consideration of race.

The system considered a large number of other factors but not race. After using this system for a while, the University of Texas reintroduced race to its admission system as a small factor among many to find a holistic image of their applicants. All of these things combined to allow their admissions system to pass strict scrutiny. A notable dissenting opinion in this case was that of Justice Clarence Thomas, the only black man on the Supreme Court.

While many dissenting opinions went on discussing how strict scrutiny was misapplied or whether the university passed strict scrutiny, Justice Thomas took a more extreme view that any use of race in higher education admissions was strictly against the Equal Protection Clause of the https://modernalternativemama.com/wp-content/custom/argumentative-essay/carnal-art.php Amendment. Justice Thomas argued that using race to any degree for college admissions was against the Fourteenth Amendment. Previous cases managed to argue that because diversity was a compelling government interest, use of race was justified. The opposite view argues that race is no factor in diversity at university.

Association of race with a belief system, may be racist in itself. Justice Thomas believes that diversity of race and viewpoint should not be correlated and to assume so is unconstitutional. Share this:.]

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Global Social Studies Attempts to Think Globally	Mar 07, · On Feb. 21 the Supreme Court decided they will hear Fisher v. University of Texas this fall, a case that will look at the use of affirmative action in the college admissions process. According to The New York Times, Abigail Fisher, who applied to the University of Texas at Austin in , is suing t. Aug 15, · For Cris Rubio, there wasn't much suspense about what came after he graduated high school in Rubio had been second in his class for much of his fou. Apr 27, · University of Texas We believe that judicial review is an important part of the check and balance system our government uses. BACKGROUND: - United States District Court upheld the Affirmative Action — Fisher v.
Affirmative Action Fisher V The University Of	Oct 15, · Abigail Fisher speaking outside the Supreme Courth. In , Abigail Fisher sued the University of Texas at Austin on the grounds that their use of race in admissions was discriminatory and unconstitutional. The University of Texas has a Top Ten Percent Rule where those who were in the top percent of their class at certain high schools got automatically admitted to the university. Apr 27, · University of Texas We believe that judicial review is an important part of the check and balance system our government uses. BACKGROUND: - United States District Court upheld the Affirmative Action — Fisher v. Mar 07, · On Feb. 21 the Supreme Court decided they will hear Fisher v. University of Texas this fall, a case that will look at the use of affirmative action in the college admissions process. According to The New York Times, Abigail Fisher, who applied to the University of Texas at Austin in , is suing t.

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Fisher v. University of Texas Case Brief Summary - Law Case Explained

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The Upcoming Fisher v. Supreme Court will take another look at the Fisher v. University of Texas case involving affirmative action in college admissions beginning on December 9th when the opening arguments will be presented. The impact of the decision will be felt far outside of the college admissions process. Reverend Al Sharpton illustrated the need for affirmative action programs during the 50 Anniversary of the March on Washington in when he stated that "Civil Rights may not have written your resume, but Civil Rights made someone read your resume. Diversity matters and should not be devalued by the Supreme Court or any other entity. Many beneficiaries of affirmative action who now favor its end are like people who walked over a bridge that they did not build only to burn down the bridge after they crossed to the other side. The abysmal numbers of students and faculty of color at many colleges and universities provide additional evidence of an institutionalized lack of access and diversity. The overturning of the previous Fisher v. University of Texas decision would be a major blow to the movement to push back against barriers to access and opportunity that have become so embedded that it is taken for granted by many. Affirmative Action Fisher V The University Of.