Race And Action: A Case Study Of Affirmative Action

1635 Words 7 Pages
Achieving a diverse student body has been a goal within education since the Supreme Court ruled in Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) that “separate but equal” violated the Fourteenth Amendment. Lipson (2007) state selective universities has been practicing race-based affirmative action and other racial diversity policies since 1960s. Many institutions try to establish methods to diversify the student body that does not discriminate against any particular group of ethnicities. Kaplan (2014) states admissions policies may not unjustifiably (bolded for emphases) discriminate on the basis of characteristics such as race, sex, disability, age, residence, or citizenship. Some institutions have utilized Affirmative action within the admissions process to justify using race in their decisions. Which leads to the wonder if Affirmative action the best way to achieve the institution’s diversity initiatives?
Two important statues should guide institutions when formulating a plan to incorporate Affirmative action in its admissions
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University of Texas at Austin is the latest case to challenge the legality of using race as factor in admissions. Texas’ state laws grants admission to any public institution, in the state, to any student who is in the top ten percent of their high school graduating class. Fisher claims that the institution should not use race in their admissions policy for students who do not qualify under the Texas’ top ten percent initiative. The Supreme Court said that the U.S. Court of Appeals for the Fifth Circuit had erred by not applying “strict scrutiny” when it reviewed the university’s defense of it admissions practices (Jaschik, 2013). Institutions that choose to use Affirmative action in their admissions policy should be prepared to defend themselves. Toppo (2014) states institutional got a wake-up call last June when the Supreme Court set the bar high for using race as a part of a complex admissions

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