Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

October-10-12

SCOTUS Hears Affirmative Action Case

The US Supreme Court is hearing oral arguments today in affirmative action case Fisher v. University of Texas. This is the third time the Court has considered affirmative action in higher education in 35 years. In its two previous rulings the court has decided that race may be one of many factors considered in the admissions process, but racial quotas are prohibited.

The case, brought by Abagail Fisher, a Caucasian student claiming to have been denied admissions at the University of Texas at Austin on account of her race, could "eliminate diversity as a rationale sufficient to justify any use of race in admission decisions." The US Court of Appeals for the Fifth Circuit previously ruled in favor of the University of Texas, indicating that the university had not violated the civil or constitutional rights of the plaintiffs.

Ninety-eight friend-of-the-court briefs have been filed in the Fisher v. University of Texas case- seventy-three of those briefs argue for the court to uphold affirmative action. The last time the Supreme Court heard an affirmative action case, Grutter v. Bollinger in 2003, Sandra Day O'Connor wrote the majority opinion in the 5-to-4 ruling to prohibit public colleges and universities from using a points system in admissions decisions to increase minority admissions, but ruled that the schools could account for race in other ways to promote diversity. Justice Anthony M. Kennedy, widely considered the current court's swing voter, dissented that decision in 2003 and has never voted to uphold an affirmative action program in his career.

Justice Elena Kagan, having worked on the case during her term as solicitor general, has disqualified herself from hearing the case. Therefore, it is possible that the decision could be a 4-to-4 tie, effectively upholding the lower court's decision in favor of the University of Texas. However, NPR reports that experts think this outcome is highly unlikely, "and that the court accepted this case for the very purpose of either reversing its past affirmative action rulings, or making such plans so restrictive that they are possible in theory, but not in practice."

Media Resources: Feminist Daily Newswire 2/22/12; NPR 10/10/12; NY Times 10/10/12


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

10/20/2014 North Carolina Board of Elections Eliminates On-Campus Voting Sites Across the State - North Carolina will begin state-wide early voting on Thursday, and unlike the 2012 presidential election, many students across the state will have no polling place on-campus, making it more difficult for students to exercise their right to vote. The North Carolina State Board of Elections recently eliminated the only on-campus voting location for the University of North Carolina at Charlotte, a campus with more than 20,000 students. . . .
 
10/20/2014 Jay Leno Receives Mark Twain Prize, Salutes Mavis and Her Work for Women's Rights - Former long-time host of "The Tonight Show" Jay Leno saluted his wife, Mavis, for her work on behalf of women's rights around the world when he was awarded the Mark Twain Prize for American Humor this weekend at The Kennedy Center in Washington, DC. The Mark Twain prize is awarded for comedic achievement, and the event, where Leno performed a monologue and paid tribute to the many comedians he has worked with throughout his career, brought together supporters of the The John F. . . .
 
10/20/2014 Justice Ruth Bader Ginsburg Slams Supreme Court for Upholding Voter Suppression in Texas - Justice Ruth Bader Ginsburg issued a blistering dissent after a ruling by the US Supreme Court this weekend threatened to disqualify more than half a million Texas voters from early voting. In an unsigned order Saturday, a majority of the Supreme Court sided with a Texas law requiring voters to produce specific forms of photo identification in order to cast a ballot in the 2014 election. . . .