In re Fisher

My take on Affirmative Action, from my day-job at The Justice:

This past week was the 50th anniversary of integration at my hometown’s college, the University of Houston.

The college has seen a dramatic transition and is now the third most racially and ethnically diverse college in the nation, according to the U.S. News and World Report. This reversal is most likely the result of both changing demographics and affirmative action.

On the other hand, the diversity at the University of Texas is less likely to be attributed just to changing demographics: Since integration, the proportion of African-American students has risen to 20 percent, and the proportion of Latino students has risen to nearly 21 percent.

This blossoming of diversity is newly found in the South, finally taking part in the progressive tenants of the 20th century. However, these programs now face new challenges from our judicial system.

Tomorrow, the Supreme Court will hear oral arguments in the case of Fisher v. University of Texas, in what will, most likely, be a landmark Supreme Court decision. It  could outlaw all affirmative action programs used at public universities.

The Supreme Court is likely to strike down all affirmative action programs, as Justice Sandra Day O’Connor, the swing vote who saved the programs 10 years ago, is no longer on the court.

There is no doubt in my mind that affirmative action has tremendously changed this country for the better.

In my “Social and Political Philosophy: Democracy and Disobedience” course, Prof.Andreas Teuber (PHIL) mentioned that President Johnson once stated that affirmative action was necessary because students overcoming poverty and racism could not be accurately measured against those who did not have to face the same difficulties.

Johnson compared a person helped by affirmative action to a person who “has been hobbled by chains, and then when liberated, brought to the starting line of a race and told, ‘You are free to compete with all the others.’”

Indeed, the harshest critics of affirmative action today, in their blind hatred of anyone given the slightest push in college admissions, underscore why affirmative action is needed in the first place.

All too often, those who oppose affirmative action lay out the same story: The sad rich white kid was denied entrance into a prestigious university, as he may feel is his birthright.

Each of the plaintiffs of affirmative action court cases have sued institutions of higher learning after they were denied admission. These people assumed that the sole reason for their rejection was because they were white. 



Additionally, most detractors seem to fundamentally misunderstand how affirmative action programs function today.

While originally, universities may have had quota systems, these actions have been illegal for 34 years since the Supreme Court case of Regents of the University of California v. Bakke. Under current precedents and universities’ rules, race may only be considered a part of the larger picture in admissions decisions.

In reality, several other factors are considered during the college admissions process aside from grade point average, leadership and extracurricular positions. Personality (that is one of the reasons there is often an interview), background and profile are some of the additional factors.

Affirmative action’s opponents may not understand that wealth, familial connections and a stable home life have tremendous influence on a student’s grades throughout high school.

In 2010, Harvard University published an article alleging that the SAT was biased toward white people, citing cultural differences in the verbal section. Additionally, a 2009 study published by The New York Times showed an average difference in score of about 375 points between the lowest and highest income groups, most likely as a result of the ability to purchase preparation materials and tutoring.

Rather, the opponents of affirmative action should look at the positive effects of fostering diversity within the community. An article from The New York Times from this past Friday claimed that ending such programs, “would reduce the number of black students by about 60 percent, and the number of Hispanic students by about one-third, at selective private schools.”



Mayor Julián Castro of San Antonio, who delivered the keynote address at the Democratic National Convention, is another example of the positive attributes of affirmative action. While Castro had always stood out among his friends and family for being intelligent, he could not overcome the institutional bias of standardized testing.

According to a New York Times article from a few years ago, Mayor Castro’s SAT score was 1210 out of a maximum of 1600, well below the mean score for Stanford University.

He attributed his acceptance to Stanford to its affirmative action program. Granted, Castro boasted a stellar grade point average, but affirmative action was most likely at least partially responsible for his acceptance. It is worth noting that without any further help, he excelled at Stanford, was elected to the university’s student senate, and gained admission to Harvard Law School, this time in the median range of incoming students.

Nevertheless, opponents of the program find that any such boost is unfair. Conservative organizations and blogs such as Breitbart, Drudge Report, and The Washington Times have given Castro the pejorative, if not racist, title of “affirmative action boy” or “Mayor affirmative action.”
Such hatred underscores why the program is still needed today, just as it has been needed in the past.

I am sure there are many more like Castro whose stories have yet to be written. If our nation’s Supreme Court justices overturn the 30 years of precedent to outlaw affirmative action in public institutions, their stories may never be written.

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2 thoughts on “In re Fisher

  1. Pingback: Texpatriate | Let’s talk about 2016

  2. Pingback: Texpatriate | “Check your privilege”

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