It may be noted in this connection that examples given by the sponsors of the legislation, in discussing the terms "administrative practice or enforcement policy," involved situations in which affirmative action had been taken by the agency.
I find it paradoxical that the governor of a state in which affirmative action is under such heavy attack is himself the beneficiary of one of the most insidious forms of the practice: the "legacy" system, through which the children of the elite are admitted into competitive schools and colleges, fraternities and private clubs.
If the context in which Jewish quotas in college admissions were devised was one of restriction and exclusion, the context in which affirmative action was born was one of diversity and inclusion.
After a brief overview of the legal and political context in which U.S. affirmative action was born, I examine the vicissitudes of affirmative action policy in the constitutional jurisprudence of the Supreme Court.
The APAHE report cites the case of Prop 209 in California, which banned affirmative action in University of California admissions.
A number of other decisions seem to have mitigated the damage, including Grutter v Bollinger, which upheld affirmative action, and Webster v Reproductive Health Services, in which O'Connor refused, to Scalia's rage, to overturn Roe v Wade.
The youth wing of the United Malays National Organisation (UMNO), the ruling, Malay-based party, called for a revival of the spirit of the New Economic Policy (NEP), which first ushered in affirmative action for Malays in 1970.
In fact, just today Chancellor Block issued a special announcement about the need to redouble our diversity efforts in the wake of Proposition 209, which prohibited affirmative action in admissions at any public college or university in California," said dean Rachel Moran in a statement to Above The Law.
In 2006, Michigan residents voted in favor of Proposition 2, which prohibited affirmative action based on race or ethnicity in admissions and hiring at public institutions.
Polls at the time of the Supreme Court's 2003 decision in Grutter v. Bollinger, which concerned affirmative action at public universities, showed public support running 2 to 1 for giving poorer kids a leg up in going to college, as opposed to 2 to 1 against race-based preferences.
1 Establishing the list of states in which race-based affirmative action has been prohibited is complicated by ambiguities in case law, but arguably includes Alabama, Arizona, California, Florida, Georgia, Louisiana, Michigan, Mississippi, Nebraska, New Hampshire, Oklahoma, Texas and Washington.
