Author Topic: Affirmative Action struck down in SCOTUS  (Read 1686 times)

Offline S209

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Affirmative Action struck down in SCOTUS
« on: June 29, 2023, 10:17:20 AM »
https://www.reuters.com/legal/us-supreme-court-strikes-down-university-race-conscious-admissions-policies-2023-06-29/

June 29 (Reuters) - The U.S. Supreme Court on Thursday struck down race-conscious student admissions programs currently used at Harvard University and the University of North Carolina in a sharp setback to affirmative action policies often used increase the number of Black, Hispanic and other underrepresented minority groups on campuses.

The justices ruled in favor of a group called Students for Fair Admissions, founded by anti-affirmative action activist Edward Blum, in its appeal of lower court rulings upholding programs used at the two prestigious schools to foster a diverse student population.

The affirmative action cases represented the latest major rulings powered by the Supreme Court's conservative majority. The court in June 2022 overturned the 1973 Roe v. Wade decision that had legalized abortion nationwide and widened gun rights in a pair of landmark rulings.

Many institutions of higher education, corporations and military leaders have long backed affirmative action on campuses not simply to remedy racial inequity and exclusion in American life but to ensure a talent pool that can bring a range of perspectives to the workplace and U.S. armed forces ranks.

According to Harvard, around 40% of U.S. colleges and universities consider race in some fashion.

Harvard and UNC have said they use race as only one factor in a host of individualized evaluations for admission without quotas - permissible under previous Supreme Court precedents - and that curbing its consideration would cause a significant drop in enrollment of students from under-represented groups.

Critics, who have tried to topple these policies for decades, argue these policies are themselves discriminatory.

Many U.S. conservatives and Republican elected officials have argued that giving advantages to one race is unconstitutional regardless of the motivation or circumstances. Some have advanced the argument that remedial preferences are no longer needed because America has moved beyond racist policies of the past such as segregation and is becoming increasingly diverse.

The dispute presented the Supreme Court's conservative majority an opportunity to overturn its prior rulings allowing race-conscious admissions policies.

Blum's group in lawsuits filed in 2014 accused UNC of discriminating against white and Asian American applicants and Harvard of bias against Asian American applicants.

Students for Fair Admissions alleged that the adoption by UNC, a public university, of an admissions policy that is not race neutral violates the guarantee to equal protection of the law under the U.S. Constitution's 14th Amendment.

The group contended Harvard, a private university violated Title VI of a landmark federal law called the Civil Rights Act of 1964, which bars discrimination based on race, color or national origin under any program or activity receiving federal financial assistance.

Lower courts rejected the group's claims, prompting appeals to the U.S. Supreme Court asking the justices to overturn a key precedent holding that colleges could consider race as one factor in the admissions process because of the compelling interest of creating a diverse student body.

Affirmative action has withstood Supreme Court scrutiny for decades, most recently in a 2016 ruling involving a white student, backed by Blum, who sued the University of Texas after being rejected for admission.

The Supreme Court has shifted rightward since 2016 and now includes three justices who dissented in the University of Texas case and three new appointees by former Republican President Donald Trump.

Reporting by Andrew Chung; Editing by Will Dunham

Quote from: YitzyS
Quotes in a signature is annoying, as it comes across as an independent post.

Offline Moshe123

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Re: Affirmative Action struck down in SCOTUS
« Reply #1 on: June 29, 2023, 11:02:31 AM »
They figured out a workaround already. It won't matter much.

Offline S209

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Re: Affirmative Action struck down in SCOTUS
« Reply #2 on: June 29, 2023, 11:34:37 PM »
They figured out a workaround already. It won't matter much.
I’m not sure what you mean. If you’re referring to the fact that they can mirror the effects of affirmative action by allowing for economic circumstances to play a role in admissions that isn’t a bad thing. Racial based quotas is a bad thing. I’m all for disadvantaged people having a leg up, but I’m against enforcing quotas based on race.
Quote from: YitzyS
Quotes in a signature is annoying, as it comes across as an independent post.

Offline imayid2

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Re: Affirmative Action struck down in SCOTUS
« Reply #3 on: June 29, 2023, 11:55:40 PM »
They figured out a workaround already. It won't matter much.
https://www.nationalreview.com/2023/06/race-discrimination-loses-its-legal-protection/
Nobody pretends that the nation’s colleges will give up looking for ways to quietly discriminate on the basis of race in order to benefit favored groups at the expense of disfavored groups. The ideology of doing so is too entrenched to permit any response but massive resistance. The Court, unwisely in our view, creates an incentive for this by noting that applicants could still discuss their race in their application essays, although it tries to head off mischief by warning universities not to use those essays as a license to continue discriminating. But no matter how the colleges react, at least discrimination on the basis of race will gain no formal sanction under American law. That is progress.

Offline bochur22

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Re: Affirmative Action struck down in SCOTUS
« Reply #4 on: June 30, 2023, 04:31:44 AM »
I’m not sure what you mean. If you’re referring to the fact that they can mirror the effects of affirmative action by allowing for economic circumstances to play a role in admissions that isn’t a bad thing.
They will wind up with a LOT of broke rednecks that way.

Offline mevinyavin

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Re: Affirmative Action struck down in SCOTUS
« Reply #5 on: June 30, 2023, 04:36:17 AM »
In the words of the Bee






Quote from: ExGingi
Echo chambers are boring and don't contribute much to deeper thinking and understanding!

Offline mevinyavin

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Re: Affirmative Action struck down in SCOTUS
« Reply #6 on: June 30, 2023, 06:31:11 AM »
And in the words of the Onion


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Echo chambers are boring and don't contribute much to deeper thinking and understanding!

Offline ExGingi

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Re: Affirmative Action struck down in SCOTUS
« Reply #7 on: June 30, 2023, 08:29:55 AM »
I remember when I first heard the term Affirmative Action as a teenager, and couldn't understand how this isn't racism that should be banned.
I've been waiting over 5 years with bated breath for someone to say that!
-- Dan

Offline mevinyavin

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Re: Affirmative Action struck down in SCOTUS
« Reply #8 on: June 30, 2023, 11:10:15 AM »
I remember when I first heard the term Affirmative Action as a teenager, and couldn't understand how this isn't racism that should be banned.
I think it was a Mallard Fillmore - when Biden announced he would nominate "a black woman" to the Supreme Court, said, "I thought choosing something because of race is discriminations!"
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Echo chambers are boring and don't contribute much to deeper thinking and understanding!

Offline Yehuda57

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Re: Affirmative Action struck down in SCOTUS
« Reply #9 on: June 30, 2023, 11:23:49 AM »
I think it was a Mallard Fillmore - when Biden announced he would nominate "a black woman" to the Supreme Court, said, "I thought choosing something because of race is discriminations!"

Millions of people said that

Offline yuneeq

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Re: Affirmative Action struck down in SCOTUS
« Reply #10 on: June 30, 2023, 11:38:23 AM »
https://www.nationalreview.com/2023/06/race-discrimination-loses-its-legal-protection/
Nobody pretends that the nation’s colleges will give up looking for ways to quietly discriminate on the basis of race in order to benefit favored groups at the expense of disfavored groups. The ideology of doing so is too entrenched to permit any response but massive resistance. The Court, unwisely in our view, creates an incentive for this by noting that applicants could still discuss their race in their application essays, although it tries to head off mischief by warning universities not to use those essays as a license to continue discriminating. But no matter how the colleges react, at least discrimination on the basis of race will gain no formal sanction under American law. That is progress.

Colleges will try to finagle their way out of this and continue to be racist, but the admission data will continue to be a smoking gun. The only difference now is that the courts can finally acknowledge the smoking gun.

I’m not sure what you mean. If you’re referring to the fact that they can mirror the effects of affirmative action by allowing for economic circumstances to play a role in admissions that isn’t a bad thing. Racial based quotas is a bad thing. I’m all for disadvantaged people having a leg up, but I’m against enforcing quotas based on race.

Agreed. I will add that colleges don’t use economic disadvantage as a proxy for race because it’s not racist enough.
Visibly Jewish

Offline mevinyavin

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Re: Affirmative Action struck down in SCOTUS
« Reply #11 on: July 10, 2023, 07:00:30 AM »
I think it was a Mallard Fillmore - when Biden announced he would nominate "a black woman" to the Supreme Court, said, "I thought choosing something because of race is discriminations!"
Wasn't looking for it; found it anyway.

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Echo chambers are boring and don't contribute much to deeper thinking and understanding!

Offline YitzyS

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Re: Affirmative Action struck down in SCOTUS
« Reply #12 on: July 10, 2023, 08:12:36 AM »
Millions of people said that


I don't think Biden should've said he's picking only a Black Woman, just as I think Reagan was wrong for saying he's picking a woman. I think it's simply illegal, and it precludes everyone else (like me) from having a chance.


When you say 'millions of people', are you referring to my girth or my intelligence?  :P