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Making Their Arguments Against Affirmative Action

Thirty-four briefs argue that Harvard and UNC, and other colleges that base their admissions plans on the Grutter decision, should be forced to change.

Thirty-four briefs were filed, most of them last week, urging the U.S. Supreme Court to reverse its past support for affirmative action in college admissions.

The briefs could be cited in the Supreme Court’s decision, expected next year, on the admissions systems at Harvard University and the University of North Carolina at Chapel Hill. No college or university filed a brief, although the deadline for briefs in favor of Harvard and UNC is more than a month away. Many colleges and higher education associations are expected to weigh in at that time.

Within some academic circles, it is simply accepted that Harvard and UNC should win the cases. The briefs filed last week may not win over those who believe that. But they do demonstrate the breadth of the forces opposed to affirmative action.

One of the briefs is labeled as coming from “senators and representatives supporting” the end of affirmative action. It is actually from 14 Republican senators and more than 50 Republican members of the House of Representatives. While that may not seem like a large number in terms of Congress, which has 535 members, those involved in the brief include Senators Ted Cruz of Texas, Mitch McConnell of Kentucky, Lindsey O. Graham of South Carolina and Josh Hawley of Missouri, and Representative Kevin McCarthy of California. McConnell and McCarthy are the Republican leaders in the Senate and House, respectively.

The members of Congress begin their brief by denouncing the Grutter v. Bollinger decision, which in 2003 upheld the right of the University of Michigan law school to consider race in admissions. “Grutter is a constitutional anomaly,” the brief says. “Decisions under the Fourteenth Amendment firmly establish that equal protection of the law includes the right to equal treatment regardless of one’s race. Except for race-conscious college admissions, laws and policies dividing people by race are immediately suspect.”

As a result, the members say, “Asian-Americans are increasingly victimized by discriminatory practices.” (A theme of many of the briefs is to charge that affirmative action discriminates against Asian Americans.)

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5 thoughts on “Making Their Arguments Against Affirmative Action”

  1. Affirmative Action (Reverse Discrimination ) should be ILLEGAL & BANNED !!!! Have EQUALITY > SOLVED !!!

    1. If you want Blacks & Whites to get along as One Country you need EQUALITY !!!
      Ban the Govt’s Affirmative Action , NAACP , or have NAAWP too !!!!

  2. Having been the victim of Affirmative Action (I watched a lesser qualified candidate get a commission while on Active Duty due to quotas for black and latino candidates), and seeing the struggle that the selected individual never overcame, I can assure you that two individuals suffered from the practice.

    Since then, we have also as a nation experienced (racial) Affirmative Action at the executive branch of our government – we can all see the results of the failure of that selection. Thankfully, the follow-up (gender) Affirmative Action experience was interrupted – and saved the country from further destruction!

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