National headlines are spreading like wildfire about the new Department of Justice policy shift to investigate and go after “discriminatory” affirmative action policies at universities. Critics are suggesting that the new policy is an overt attempt to protect white individuals from discriminatory affirmative action policies and institutions that go too far in exercising affirmative action. This is according to an unnamed U.S. government official cited by the Washington Post.
On its face, the policy seems to be neutral in regards to which race(s) it seeks to protect, but the unnamed source really puts that in question. The twist to this policy appears to be rather focused.
Affirmative Action After Fisher
According to the recent U.S. Supreme Court ruling in the Fisher v. University of Texas Austin, affirmative action policies are legal. Additionally, it was found that diversity is beneficial to the college experience, and therefore necessary for admissions departments to consider. SCOTUS found that affirmative action policies can survive strict scrutiny analysis.
In doing so, the Court affirmed that points based systems cannot award points for race or other protected categories, and school cannot have racial quotas. However, race, gender, national origin, and other characteristics can be used as part of the intangible considerations that admissions boards make.
Related Resources:
- Ginsburg Tells Utah Lawyers to Make a Difference (FindLaw’s Supreme Court Blog)
- Diversity and Affirmative Action: Is O’Connor’s Sunset Here? (FindLaw’s Strategist)
- Sotomayor Once Saved College Affirmative Action. Can She Again? (FindLaw’s Supreme Court Blog)
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