Are We Really Equal, Affirmative Action

Are We Really Eqaul ? Affermative Action By: Marwa Salamin Mr. Blair Thorpe Law & Society 10/15/12 Affirmative action is a policy used to amend past discrimination against women and minority groups through procedures to increase their education and economic prospects. This policy has been a collective tool in protecting the rights of the minority, which is one of the goals of the legal system.

However, some of the people that fall into the majority group believe that the affirmative action is racial discrimination, and goes against the most basic principle of meritocracy.The fight against affirmative action started 9 years ago with Grutter v. Bollinger case. The Supreme Court upheld the affirmative action in the University Michigan’s law school, reasoning the diverse student body improves education and help students their social abilities. Nerveless, the affirmative action file was recently opened with the appearance of Fisher V. The University of Texas case.

This case reopened the debate on whether to declare the affirmative action constitutional or unconstitutional. The Texas case began in 2008, when Abigail Noel Fisher applied for the University of Texas and wasn’t accepted.Although, Fishers records in high school didn’t guarantee her admission, she blamed it on the affirmative action. She claims that she was dissented based on racial discrimination. Thus, the dispute was created on whether the admission policies produced at the University of Texas Austin (UT,) which grants preference to the minority, violates the equal protection clause of the 14th amendment.

The Fisher V. University of Texas case should be ruled by the precedent set by the Grutter v. Bollinger case. However, declaring the affirmative action unconstitutional is a possible verdict.Fisher has the 14th amendment on her side which states that all citizens are entitled to equal protection under the law.

Chief Justice Roberts, in a 2007 affirmative-action decision, famously stated that the “way to stop discrimination on the basis of race is to stop discriminating on the basis of race. ” However, Robson told the CBSNews. com that the Supreme Court might let the lower courts in favor of the Texas University stand. The decision will be difficult to take sense 8 Justices excluding Justice Elena Kagan, probably because she had worked on the case before as a solicitor general.Thus, the voting might end up being split 4 to 4. If the court splits they are going to let the university stand without setting a precedent.

Some people think that the affirmative action should stay constitutional; however, others think it’s unfair and the verdict should be turned. The Obama administration supports the racial preference in the University of Texas. Also, the University of Harvard is one of the supporters of the affirmative action. They believe that students need diversity in their classrooms. Dozens of people and organizations have given their input through amicus briefs*. 7 briefs were in favor of Fisher.

Such as Center for Law and Justice Support Fisher arguing that the government has no business attaching significance to racial labels. Also, the CATO institution is one of supports of Fishers cause claiming that, “A University Must Demonstrate by a “Strong Basis in Evidence” that Its Use of Racial Classifications Is Necessary to Achieve a Compelling Interest They also claim that acceptance in universities should be only based on individuals education not on race. Although, there are 17 briefs that support Fisher, 73 briefs are in support of the UT.The American Bar Association is supporting the UT arguing that there is a state interest in a diverse legal profession.

New York State Bar Association is also one of the supporters of the UT. If the verdict was turned it wouldn’t only affect the University of Texas it would affect all Universities nationwide. The chances of minorities in entering universities or getting a job will decrease. This wouldn’t only affect minorities but majorities as well. It will increase the majority’s chances in getting into universities or landing a job.

It will judge people not based on race but on education.This change in verdict might decrease the minorities in jobs and universities. The main reason for the existence of the affirmative action is to protect the rights of the minority but with the death of the affirmative action the protection of their rights is weakened. In my opinion, dividing the nation into minorities and majorities based on race is itself racial discrimination. As citizens of the United States we should all be treated equally, not based on a specific race. The discrimination of race or gender shouldn’t have existed in the first place.

Thus, the affirmative action should have ended before it even started. The problem wasn’t created with the creation of affirmative action, it was created when the nation was separated into two groups. However, affirmative action was created to protect the group of minorities and without it racial discrimination would increase. The only way to solve racial discrimination is to take its roots out by illuminating the concept of two groups, minorities and majorities.

We are all equal, we shouldn’t be denied from our rights for being from a certain race.At the end we don’t control what race we come from. People shouldn’t be judged on what they can’t control but on what they can control. Bibliography * CONDON, STEPHANIE. "Supreme Court Takes up Affirmative Action. " CBSNews.

CBS Interactive, n. d. Web. 15 Oct. 2012. <http://www.

cbsnews. com/8301-250_162-57529223/supreme-court-takes-up-affirmative-action/>. * Winkler, Adam. "Will Supreme Court End Affirmative Action With Fisher v. University of Texas? " The Daily Beast. Newsweek/Daily Beast, 21 Feb.

2012. Web. 15 Oct. 2012. <http://www. thedailybeast.

om/articles/2012/02/21/will-supreme-court-end-affirmative-action-with-fisher-v-university-of-texas. html>. * Mears, Bill. "Student Voices Differ on Diversity. " CNN.

Cable News Network, 01 Jan. 1970. Web. 15 Oct.

2012. <http://www. cnn. com/2012/10/09/us/scotus-college-admissions-race-students/index. html>.

* "Supreme Court Takes up Affirmative Action. " CBSNews. CBS Interactive, n. d.

Web. 17 Oct. 2012. <http://www. cbsnews.

com/8301-250_162-57529223/supreme-court-takes-up-affirmative-action/? pageNum=1>. *ALL BRIEFS http://www. americanbar. org/publications/preview_home/11-345.

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