The Bush administration must decide in the next few weeks what position, if any, to take in a potential landmark affirmative action case.
The majority opinion, he added, "transforms a potential virtue of affirmative action into a vice".
The "diversity" argument transforms the potential beneficiaries of "affirmative action" from a distinct minority, which makes up about 12% of the population, into 30% (if you only include minorities) or two-thirds (if you include women, as many would expect).
The supreme court has several options in the Fisher case, but potential gutting of affirmative action laws in public universities has observers concerned, especially with a brimming civil rights lawsuit filed earlier this year against Harvard University, which could spell the end of similar policies in private institutions.
As commentators have considered the potential fallout of outlawing affirmative action, many have trained their sights on legacy admissions as a system that perpetuates the kind of inequality that affirmative action seeks to correct.
In this paper, we focus on the potential effects of banning affirmative action on academic achievement prior to college entry.
Commenting earlier this fall on Fisher vs. The University of Texas, a potential landmark case concerning affirmative action in college admissions, University of Oklahoma spokeswoman Catherine Bishop said the school wouldn't feel the impact of a decision.
Under this theory, those justices responded to what they saw as a frustratingly narrow Kennedy opinion by jumping aboard the Michigan case as the next potential vehicle for shutting down affirmative action.
The Supreme Court heard oral arguments in an affirmative action case with potential nationwide implications on Wednesday, and Justice Antonin Scalia kicked up a shitstorm by suggesting that affirmative action works against black students by helping them get into schools that are ultimately too challenging for them.
A current Supreme Court case involving the University of Texas has the potential to reshape the role of affirmative action in college applications and admissions across the country — and in December, Scalia suggested that black students were unable to compete at top colleges.
