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.




  1. Rockford Citizen

    Hey Ted,
    Sorry to be a little off-topic, but…
    Remember our “little red hen” conversation? Here’s another one. Just for you:
    “Give a man a fish: the Tea Party version”
    Give a man a fish, and he eats for a day. Teach a man to fish… wait a minute, why should I have to teach a man to fish? I learned to fish all by myself with no help from anyone! True, my grandpa taught me to fish because I had a stable home environment and the EPA made sure that the water wasn’t toxic and that the fish I caught would be edible. But I did it all on my own without any help from anyone! Anyone who doesn’t fish for themselves is just plain lazy! They’re worthless, and they’re just not trying hard enough, and they’re not as smart and hardworking as I am! Of course, if I slip in the river and break a leg, then I expect to use the same government services they use, but that’s totally different because I am a good person. I worked hard while I could. So stop asking me to teach anyone anything; they need to figure it out on their own like I did! If they don’t know how to fish, that’s their problem. If they ask me to teach them how to fish, they should’ve asked some bleeding heart liberal instead. I figured it out on my own. I built that river. I earned my fish. And so should they.

  2. Rockford Citizen has it wrong. We all have equal opportunity to learn. Those of us who took advantage of that opportunity, and participated in making our lives productive see no reason to support those who won’t do the same for themselves. We are, however, willing to help those who CAN’T help themselves.

  3. Everyone got the same stack of books at my schools. I don’t think a minority student is by nature dumber than a white student. Maybe liberals think so and promote demeaning laws like this. How insulting that someone needs a token of some sort to be equal.

  4. Actually, the racist Liberals think most minorities cannot succeed with government assistance. It is referred to as “the soft bigotry of low expectations”.

  5. I prefer the grasshopper and the ant story. That would be on-topic with this post, but would not be printed by the P.C. police.

  6. Rockford Citizen

    Snuss and Juice… Nice try, attempting to say that I’m racist. I never said that “most minorities cannot succeed with government assistance.” Where did that come from, exactly? In fact, I didn’t say anything about minorities at all. The fact that you brought it up makes me think that maybe you’re the racists.

  7. RockCitz. I didn’t even read yours and not inferring anything towards you at all. It may be counter to your views but not based on your post.

  8. @ Rockford Citizen:

    I specified “racist Liberals” in my commentary. If you feel that description includes you, then I have no basis on which to argue the point.

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