Anti-affirmative action legal discourse about U.S. higher education within selective institutions race-conscious admissions encompasses co-opted civil rights aims for racial equity in education that maintains white supremacy. Racially progressive efforts to include historically racially minoritized applicants of color have been met with unfounded…

The Supreme Court has granted review for the 2012 term in the case "Fisher v. University of Texas." Abigail Fisher, a rejected white applicant to the University of Texas, has challenged the use of racial and ethnic admission preferences, which the Court had allowed in its 2003 decision involving the University of Michigan law school,…

The author reports on a Supreme Court case that is echoing across the University of Texas at Austin, and for some students, it is personal. Not long after the U.S. Supreme Court agreed to hear Abigail Fisher's case against the University of Texas at Austin, a lighthearted joke made the rounds at the Warfield Center for African and African-American…

The homepage of the Project on Fair Representation (POFR) features a smiling photo of Abigail Fisher, the young White woman at the center of "Fisher v. the University of Texas," which could end race as a criterion in university admissions. Edward Blum, founder of POFR, a conservative advocacy group, connected Fisher with Wiley Rein LLP,…

Describes how, during oral arguments at the U.S. Supreme Court over the University of Michigan's race-conscious admissions policy, several justices indicated that they did not see any viable alternatives to the use of affirmative action in college admissions. (EV)

Despite its relatively short history, policies connected with Affirmative Action have endured a controversial social, political, and legal past. Higher education has witnessed much of this controversy firsthand. Because the venue of many Affirmative Action battles has been waged within educational settings, faculty in higher education are uniquely…

Describes how several key advocacy groups, working together, have played key roles in bringing the issue of race in college admissions to the Supreme Court. (EV)

The real question behind affirmative action in higher education is whether the form of racial discrimination it represents is worth the improved access it provides. Three arguments favoring affirmative action in this context are that affirmative action (1) is needed to keep college admissions officers from discriminating against minorities; (2)…

Recent litigation attacking affirmative action illustrates the need for competitive college admissions programs that avoid quota systems. The "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." College admission programs must defend the use of racial consciousness by separating…

The CRitical Issue Bibliography (CRIB) Sheet describes resources related to affirmative action. The bibliography is divided into four sections designed to help provide a foundation for those implementing an affirmative action program or conducting research on this topic. Overview describes resources that describe the history of affirmative action,…

The six different opinions in the Bakke case are analyzed to gain an understanding of the final decision in light of the issues that were considered by the Supreme Court. The implications for admission, financial aid, and affirmative action programs are discussed. (Author)

In the July 1999 issue of this journal (EJ 591 141) Philip T. K. Daniel and Kyle Edward Timken contend that the Fifth Circuit "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." Introduces article by Michael Rosman (EA 537 542) that takes strong issue with Daniel and Timken contending…

The first need after the Bakke case is for an atmosphere in which the right questions can be asked and answers sought. Advocates and opponents of preferential admissions need to be willing to discuss the root issues with candor and courage. (Author/LBH)

Despite the gains made by minority groups through affirmative action in higher education, in the end, only the earned achievements of minority Americans can form the basis of a true and lasting equality in a pluralistic society. (MSE)