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Affirmative Action and Beyond

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Last Thursday in a 6 to 3 decision the Supreme Court declared Affirmative Action in higher education unconstitutional meaning race can no longer be a factor in college admissions. In two cases involving the University of North Carolina and Harvard University the court's conservative majority ruled that race conscious admissions put white and Asian students at an unfair disadvantage in violation of the Equal Protect Clause of the 14th Amendment. The plaintiff in both cases was an organization Students for Fair Admissions founded by a white conservative activist named Edward Blum. Chief Justice John Roberts wrote in part - “the Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause.” He added “Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points. We have never permitted admissions programs to work in that way, and we will not do so today.” 

 

While the court was wrong to end Affirmative Action it's important to realize there's a wider attack on every public policy or practice dealing with race that benefits black people. Consider the backlash against supposed Critical Race Theory in schools opponents claim is leftist indoctrination; the effort in Florida to prevent the teaching of Black History in high schools; and state governments defunding or abolishing Diversity Equity and Inclusion programs at colleges and state agencies. It's not just Republican politicians there's a popular backlash among whites who feel threatened by anything that narrows the racial gap. 

 

Black people must fight to protect the gains we have made. Think about how we took to the streets in 2020 to protest police violence and the killings of George Floyd and Breonna Taylor. Consider how the demand for reparations has moved from the fringes of black political discourse to the mainstream. Yet, black people allowed Conservative Republicans to gain the upper hand politically in confirming judges to the Federal judiciary especially the Supreme Court. That led to the erosion of the Voter Rights Act of 1965 and the end of Affirmative Action. We have power to get things done. It's important to use it. Sure, we experience plenty of defeats and setbacks. But, that's not always the case. Too often we don't put up a fight. Besides voting or street demonstrations what can we do? 

 

1. Boycott business and corporate backers of groups and individuals who oppose policies and practices that advance freedom and racial equality.

2. Use of all forms of mass media to shape and control messages around issues and policies related to race and politics. 

3.  Black Lives Matter Movement can't do it all alone. We must revitalize and reorient groups like the N.A.A.C.P and National Urban League to meet today's challenges. 

4.  If the US continues to pull back on political and public policy efforts that advance our rights and material wellbeing than blacks should seek a hearing before the United Nations regarding human rights. 

 

We cannot afford to react only when something outrageous happens. Furthermore, black people must not be distracted or deceived by symbolism. Having more black leaders in government or Corporate America is not enough either. The struggle for freedom is continuous, because systemic racism must be confronted. We should think about the effectiveness of our efforts. 

2 Comments

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Michael Dean

Members

Chief Justice Roberts was correct in his assessment; Affirmative Action is a direct violation of the equal protection clause.  There are many programs that can and should advance black higher education but Affirmative Action does put White and Asian students at a disadvantage.  While I encourage diversity in education and employment, It cannot be accomplished by creating a disadvantage of other ethnic groups.  Legacy admissions need to be redrafted from the ground up.  While I appreciate a schools desire to recognize contributions of past alumni, it should not become a standard of school policy.

KENNETH

Members

On 7/25/2023 at 2:13 PM, Michael Dean said:

Chief Justice Roberts was correct in his assessment; Affirmative Action is a direct violation of the equal protection clause.  There are many programs that can and should advance black higher education but Affirmative Action does put White and Asian students at a disadvantage.  While I encourage diversity in education and employment, It cannot be accomplished by creating a disadvantage of other ethnic groups.  Legacy admissions need to be redrafted from the ground up.  While I appreciate a schools desire to recognize contributions of past alumni, it should not become a standard of school policy.

In the case of Harvard the use of certain assessment tools by counselors and teachers that often stereotype Asians was discriminatory. The Court's right leaning majority wrongly tossed out Affirmative Action by being too broad instead of focusing that particular practice. The problem with Harvard and our social institutions in general is that they exclude blacks and other people of color on the basis of race. Thats true when it comes to subtle implicit bias or practices that appear neutral yet have a mainly negative impact on blacks or other people of color.  Considering race as one factor in admissions did not put Asians or whites at a disadvantage. Affirmative Action is a needed tool that combats subtle yet systemic racism.

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