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👩🏾‍⚖️Supreme Court Unit 10 Review

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10.2 Affirmative action and education

👩🏾‍⚖️Supreme Court
Unit 10 Review

10.2 Affirmative action and education

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025
👩🏾‍⚖️Supreme Court
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Affirmative action in education aims to increase diversity and opportunities for underrepresented groups. It's been shaped by key Supreme Court cases, from Bakke in 1978 to the recent Harvard decision in 2023.

These rulings have shifted policies from quotas to holistic reviews, sparking debates on fairness and effectiveness. Universities now grapple with balancing diversity goals and legal constraints, exploring new ways to achieve inclusivity in higher education.

Understanding Affirmative Action in Education

Definition of affirmative action

  • Affirmative action policies increase diversity and opportunities for underrepresented groups originated in 1960s civil rights movement
  • Educational settings consider race as admissions factor implement targeted recruitment programs create minority student scholarships
  • Goals increase campus diversity promote equal access to higher education address historical inequalities and discrimination

Supreme Court cases on affirmative action

  • Regents of the University of California v. Bakke (1978) ruled racial quotas unconstitutional allowed race as one factor among many in admissions
  • Grutter v. Bollinger (2003) upheld race as factor in holistic admissions emphasized educational benefits of diversity set 25-year reassessment timeframe
  • Fisher v. University of Texas (2013 and 2016) reaffirmed race consideration required universities prove no race-neutral alternatives achieve diversity
  • Students for Fair Admissions v. Harvard (2023) overturned Grutter v. Bollinger ruled race-conscious admissions policies unconstitutional

Analyzing Affirmative Action Policies and Their Impact

Arguments for vs against affirmative action

  • Pro: promotes diversity addresses historical discrimination provides role models for underrepresented communities
  • Con: potential reverse discrimination may stigmatize minority students possible mismatch between students and institutions
  • Constitutional considerations: Equal Protection Clause of 14th Amendment Title VI of Civil Rights Act of 1964
  • Alternatives: socioeconomic factors percentage plans (Texas Top 10% Rule) enhanced outreach and recruitment efforts

Impact of Court decisions on policies

  • Shifted from quota systems to holistic review processes
  • Increased scrutiny of race-conscious admissions policies
  • Institutions developed race-neutral alternatives
  • Changed demographic composition of student bodies
  • Universities adapted admissions practices:
    1. Emphasized diversity statements in applications
    2. Considered "overcoming adversity" as factor
  • Legal challenges continue at state and federal levels varying interpretations of "strict scrutiny" standard
  • Future exploration of alternative methods to achieve diversity potential new legislative approaches