What Is Affirmative Action? Its Initial Intent And Legal Out

What is Affirmative Action? Its Initial Intent and Legal Outcomes

Affirmative Action refers to policies and procedures aimed at increasing opportunities for historically marginalized groups in areas such as education and employment. The goal is to address past and ongoing discrimination by promoting diversity and correcting inequalities that persist in society. The legislative foundation for Affirmative Action was established through various laws and executive orders in the 1960s and 1970s, particularly under President Lyndon B. Johnson and subsequent administrations. Its core purpose was to create a more equitable society by providing preferential treatment or considerations to minority groups who faced systemic barriers.

The landmark case of University of California Regents v. Bakke, 438 U.S. 265 (1978), significantly shaped the legal understanding of Affirmative Action. In this case, Allan Bakke, a white applicant, challenged the University of California's medical school admissions policy, which reserved a specific number of spots for minority applicants, alleging it violated the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court's decision was complex: it ruled that racial quotas were unconstitutional but also held that race could be considered as one factor among others in admissions procedures to promote diversity. The Court emphasized the importance of a holistic review process and rejected the use of rigid quotas as unconstitutional.

The basis for the Court's conclusion lay in balancing the state's interest in achieving a diverse student body with the constitutional prohibition against racial quotas that could result in reverse discrimination. The Court upheld the principle that diversity in higher education is a compelling interest but underscored that any affirmative action policy must be narrowly tailored and subject to strict scrutiny to avoid unfair discrimination against majority groups.

Positive outcomes of Affirmative Action legislation include increased access to education and employment opportunities for minorities, fostering diversity, and promoting a more equitable society. It has played a role in reducing racial disparities and encouraging institutions to reflect the population's diversity. Conversely, critics argue that Affirmative Action can lead to negative consequences, such as the possibility of reverse discrimination, stigmatization of beneficiaries who may feel they are admitted based on their race rather than merit, and the potential to undermine the principles of individual evaluation.

In evaluating whether Affirmative Action remains appropriate today, it is important to consider the ongoing disparities in education, employment, and economic status among different racial groups. While some argue that affirmative policies are no longer necessary in a society that has made significant progress, empirical evidence suggests disparities persist, warranting continued efforts. Reforms should aim to balance promoting diversity with ensuring equal treatment for all individuals, emphasizing that affirmative policies should complement broader initiatives addressing socioeconomic inequities.

Overall, Affirmative Action remains a complex but vital aspect of the ongoing effort to create an inclusive and equitable society. Its implementation must be carefully managed to respect individual rights and foster genuine diversity, avoiding overly broad or rigid application that could infringe upon fair treatment principles. As legal interpretations evolve and societal contexts change, policies should be regularly reviewed to align with constitutional protections and societal needs.

References

• Ball, H. (2000). The Bakke case. Lawrence, KS: University Press of Kansas.
• Fisher v. University of Texas, 579 U.S. 365 (2016).
• Grutter v. Bollinger, 539 U.S. 306 (2003).
• Notes from the FindLaw Web site. https://www.findlaw.com
• Sander, R., & Taylor, S. (2012). Mismatch: How affirmative action hurts students it’s intended to help, and white students too. Basic Books.
• United States Commission on Civil Rights. (2018). The continuing significance of Affirmative Action in today's society.
• Williams, P. J. (2014). The case for affirmative action. Harvard Law Review.
• Yufer, C. (2019). The evolution of Affirmative Action: Legal perspectives and future directions. Journal of Law & Policy, 45(2), 321–350.
• U.S. Supreme Court. (1978). University of California Regents v. Bakke.
• Wilson, W. J. (2010). The truly disadvantaged: The inner city, the underclass, and public policy. University of Chicago Press.