Civil Rights

10/8/07

Proponents of Affirmative Action

• Three goals

– Need for procedural fairness

– Need to remedy past discrimination

– Need to promote diversity

Procedural Fairness

• Affirmative action is a protection for procedural fairness.

– Kennedy 1961: Absent AA, there will be discrimination.

– Discrimination: only in selection process.

Past Discrimination

• Affirmative action is a remedy for the history of discrimination.

– Johnson 1965: “Scars of centuries” mean no fair competition.

– Discrimination: evident in everything because of accumulated advantage and accumulated disadvantage.

Diversity

• Affirmative action promotes diversity.

– Grutter v. Bollinger (2003): "a compelling interest in obtaining the educational benefits that flow from a diverse student body."

– Discrimination?

Opponents of AA

• Reverse Discrimination– Bakke (1978): Upheld AA in principle but stated that

rigid quota systems constitute reverse discrimination.

– Gratz v. Bollinger (2003): applicants must receive “individualized consideration”

– Central claims: reverse discrimination, special rights, unwarranted preferences

– Discrimination: is individual and contained in the process, not systemic and contextualized in history.