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Is Affirmative Action a violation of equal protection clause?

The Supreme Court term that began this Monday will deal once again with affirmative action, since many colleges now allegedly discriminate against majority students, with set-asides for minorities, regardless of student’s national test scores and placement tests results.

In Fisher v. University of Texas, to be argued Oct. 10, the court will weigh Texas’ limited use of race to help fill out its incoming classes. The outcome could result in a major cutback in the use of racial preferences at the nation’s colleges.

Diversity on American college campuses does not trump the Constitution!

The Equal Protection Clause in the Fourteenth Amendment to the Constitution guarantees that, “no state shall … deny to any person within its jurisdiction the equal protection of the law.”

The Supreme Court opined around the edges of this concept, with the 5-4 majority opinion written by Sandra Day O’Conner, who admits that the ruling faces an uncertain future.

Excerpt from April 6, 2007:

Speaking at Washington’s National Press Club at a symposium on diversity at colleges, Justice O’Connor said, “The future of affirmative action in higher education today is certainly muddy.” As the basis for her observation, she cited Michigan voter’s adoption last fall of an amendment to that state’s Constitution banning affirmative-action preferences, as well as the passage of similar measures in California in 1996  and Washington State in 1998, and current efforts to place preference bans on several states’ ballots in 2008.

The term racial preference or set-aside for any particular group in college or in the workplace at the expense of another, cannot coexist in law that prohibits racial discrimination. They are mutually exclusive concepts and could exist only in the convoluted thinking of a progressive mind.

 

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