Should Race Matter? -- Affirmative Action in the 21st Century
NAME: ____________________________
Read in N.Y. Times upfront the article "Race Matters" on pages 6-9 and answer the questions below in your journals:
1. What is the argument given by supporters of affirmative action programs? In YOUR opinion, is this argument exclusively/primarily a public policy position or is it exclusively/primarily a constitutional issue? Explain your conclusion.
2. What is the argument given by opponents of affirmative action programs? In YOUR opinion, is this argument exclusively/primarily a public policy position or is it exclusively/primarily a constitutional issue? Explain your conclusions.
3. Why do you think the article concludes that a Supreme Court ruling forbidding the use of race in admissions at public universities would effectively bare it at most private universities as well?
4. It is clear why affirmative action programs can raise legal questions when used in government and public schools. But why do you think it is also an issue in private companies?
5. What is the basis of the argument by Abigail Fisher that Texas discriminated against her through its admission policy to state universities?
6. What is the major concern of schools if affirmative action programs are eliminated? In your opinion, is this a public policy concern or a legal concern?
7. Does the precedent established in Grutter v. Bollinger in 2003 NECESSARILY mean that the Fisher case can't be decided in favor of Miss Fisher WITHOUT reversing the Court's decision Grutter?
8. With regard to the "affirmative action bake sale" at Berkeley, do you believe is a valid constitutional analogy to affirmative action programs? Why or why not?
9. In light of the Grutter decision, how can states pass laws (such as those in California and Michigan) outlawing affirmative action in admissions at public universities and in public hiring? Also, do you think those states could also outlaw affirmative action in private hiring? What about in private school admissions?
10. Sandra Day O'Connor stated in her majority opinion in Grutter that the day will come when "the use of racial preferences will no longer be necessary." When that day comes, in your opinion would that mean that the Grutter decision will have to be reversed by the Supreme Court? Explain
11. In his dissenting opinion in Grutter, what was Justice Thomas' rationale for concluding the school's action was unconstitutional?
12. Why do many observers conclude that the Supreme Court's decision to reconsider affirmative action in college admissions just 9 years after Grutter indicates the Court could be ready to end affirmative action? Do you agree that is what taking Fisher necessarily means?
13. How have changes in the composition of the Court since Grutter impacted the view of many that Fisher could reverse, or at least modify, the Grutter precedent?
14. What does Supreme Court expert Jeffrey Rosen see the Justices as trying to balance in the upcoming Fisher case?
15. How would you decide Fisher, and wht?
Read in N.Y. Times upfront the article "Race Matters" on pages 6-9 and answer the questions below in your journals:
1. What is the argument given by supporters of affirmative action programs? In YOUR opinion, is this argument exclusively/primarily a public policy position or is it exclusively/primarily a constitutional issue? Explain your conclusion.
2. What is the argument given by opponents of affirmative action programs? In YOUR opinion, is this argument exclusively/primarily a public policy position or is it exclusively/primarily a constitutional issue? Explain your conclusions.
3. Why do you think the article concludes that a Supreme Court ruling forbidding the use of race in admissions at public universities would effectively bare it at most private universities as well?
4. It is clear why affirmative action programs can raise legal questions when used in government and public schools. But why do you think it is also an issue in private companies?
5. What is the basis of the argument by Abigail Fisher that Texas discriminated against her through its admission policy to state universities?
6. What is the major concern of schools if affirmative action programs are eliminated? In your opinion, is this a public policy concern or a legal concern?
7. Does the precedent established in Grutter v. Bollinger in 2003 NECESSARILY mean that the Fisher case can't be decided in favor of Miss Fisher WITHOUT reversing the Court's decision Grutter?
8. With regard to the "affirmative action bake sale" at Berkeley, do you believe is a valid constitutional analogy to affirmative action programs? Why or why not?
9. In light of the Grutter decision, how can states pass laws (such as those in California and Michigan) outlawing affirmative action in admissions at public universities and in public hiring? Also, do you think those states could also outlaw affirmative action in private hiring? What about in private school admissions?
10. Sandra Day O'Connor stated in her majority opinion in Grutter that the day will come when "the use of racial preferences will no longer be necessary." When that day comes, in your opinion would that mean that the Grutter decision will have to be reversed by the Supreme Court? Explain
11. In his dissenting opinion in Grutter, what was Justice Thomas' rationale for concluding the school's action was unconstitutional?
12. Why do many observers conclude that the Supreme Court's decision to reconsider affirmative action in college admissions just 9 years after Grutter indicates the Court could be ready to end affirmative action? Do you agree that is what taking Fisher necessarily means?
13. How have changes in the composition of the Court since Grutter impacted the view of many that Fisher could reverse, or at least modify, the Grutter precedent?
14. What does Supreme Court expert Jeffrey Rosen see the Justices as trying to balance in the upcoming Fisher case?
15. How would you decide Fisher, and wht?