Casting with a Broader Net: A Classroom of Stereotypes
The third in a series of three about the use of race in affirmative action. Having found that classroom diversity is a compelling government interest, the court battle going forward seems to center on the “narrowly tailored means” used to implement a diversity objective. To achieve diversity that is not centered in race requires an admission processes that looks at a diverse set of signifiers. If race is used as a factor, it must be done so only after making a good faith effort to achieve diversity with race-neutral methods.[1] The Fisher …
Casting with a Broader Net: Diversity in the Classroom as a Compelling Government Interest
The second in a series of three about the use of race in affirmative action. Building upon the rulings in Bakke and Grutter , the Fisher Court made it clear that achieving a diverse student body is a compelling government interest and a constitutionally permissible goal for a university. In analyzing a university’s pursuit of diversity, the Court has given a liberal amount of deference to the educational institution’s own judgment, though such decisions do need to be within reason.[1] This deference includes not only recognizing a need fo…
Casting with a Broader Net: Race-Neutral Diversity in Higher Education
The first in a series of three about the use of race in affirmative action. In 1978 Justice Blackmun wrote “I suspect that it would be impossible to arrange an affirmative-action program in a racially neutral way and have it successful.”[1] He went on to reason that “[i]n order to get beyond racism, we must first take account of race. There is no other way.”[2] The Court’s ruling on college admissions affirmative action in Fisher v. University of Texas at Austin attempts to walk a nonexistent line between Justice Blackmun’s ideas.[3] By find…
