Community | February 29, 2012 | 420 comments

Supreme Court Considering An End To Affirmative Action

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congoboy
It's time to end affirmative action in higher education.

Even Justice Sandra Day O'Connor envisioned an end to it. In her majority opinion in Grutter v. Bollinger, which allows colleges and universities to use race in their admissions process, she wrote, "We expect that 25 years from now, the use of racial preferences will no longer be necessary..."

It's been nine years since that decision, and the high court is once again set to revisit the issue in a case brought by a white student who was denied a spot at the University of Texas.

Will the court quash racial preferences this time around? It should. They are blatantly unfair.

Take a look at law school admissions. Applicants are largely admitted based on their Law School Admissions Test (LSAT) score and undergraduate GPA. But, members of "underrepresented minorities" (URMs) get a golden ticket when it comes to admissions.

For evidence of this, simply go to lawschoolpredictor.com. You can plug in an LSAT score and GPA and it will tell you -- with surprising accuracy -- the likelihood of being admitted to one of the nation's 188 law schools. For example, you can see that someone with a 165 on their LSAT and a 3.5 GPA will likely be denied entrance at the nation's top law schools. But, check the URM box and, voila, suddenly, that person is under consideration at the University of Pennsylvania, Virginia, Berkeley, Cornell, Georgetown and the University of Texas -- all schools that come up "deny" when the box isn't checked.

For more concrete examples of Grutter in action, go to lawschoolnumbers.com. You can see that last year, Harvard rejected someone with an LSAT score of 176 and GPA of 3.81, but admitted someone with a 163 and 3.3. The difference? The latter is a URM. Similarly, the University of Pennsylvania rejected someone with an LSAT score of 175 and GPA of 3.44, but accepted someone with a 155 and 3.7. Again, URM.

Schools like to say they take a "holistic" approach in their admissions process, taking into consideration more than a person's LSAT score and undergraduate grades. They do. Apparently, it's race.

But, why should a person with an LSAT score of 175 be denied a coveted spot at one of the nation's most elite law schools in favor of a person with a 155? It's not like minorities are being denied access to the legal profession. A 155 is a perfectly decent score. Why shouldn't they go to a middling law school like non-URMs with similar scores?

Getting into, and graduating from, an elite law school is an honor. Who wants to graduate and have people look at them and wonder, "Did you get in on your own merit or was it your race?" It'd be disingenuous to say that's not what people were thinking when President Obama refused to release his LSAT score. Would he have gotten into Harvard if he wasn't black?

One legal insider, when asked why non-URMs with high scores are still being discriminated against, answered, "Because the ABA and the Association of American Law Schools mandate diversity and because, as good liberals, they'd do it on their own anyway."

(ABA Standard 212; AALS By-law 6.1. 6.3)

So, affirmative action by any other name.

Thomas Lifson adds:

The race industry is very worried about the pending case, Fisher v. University of Texas, not only because Justice O'Connor has been replaced by Justice Alito, but because Justice Elena Kagan will recuse herself, having been solicitor general and worked on the case.
Apocalyptic predictions of whites benefitting and "minorities" suffering abound, as in this article by a constitutional law professor at UCLA, Adam Winkler:

It won't only be Texas students who'll be hurt by a Supreme Court decision striking down the use of race in college admissions. Any decision will apply nationwide, meaning that racial minorities will find it more difficult to gain entrance to all public universities. Schools that devised their admissions policies in reliance on the Grutter decision will have to radically rethink their approach to admissions. And white students, who will gain more slots, will also lose by having fewer diverse students to learn from once admitted.

This is stunningly disingenuous coming from a professor at a campus where affirmative action has been abolished (by an initiative vote of Californians), revealing that the principal victims of affirmative action in California were minorities themselves: Asian-heritage students. The percentage of whites admitted to California's elite campuses at Berkeley and UCLA skyrocketed when overt affirmative action was scrapped, while the percentage of white students admitted barely increased. Texas is home to a large and growing Asian population -- Chinese, Vietnamese, Indian, Korean, and others. If practices at UT are similar to earlier affirmative action at the University of California, these minority students can be expected to benefit.

It is time for honesty about affirmative action. It chooses favored minorities and disfavored minorities, a particularly repulsive practice. How the child of a Vietnamese boat person can be penalized for the poor academic performance of blacks and Hispanics is a mystery never explained, and mostly evaded by putative authorities like Prof. Adam Winkler of UCLA Law.

Read more: http://www.americanthinker.com/blog/2012/02/scotus_may_scrap_affirmative_action....
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420 comments // Supreme Court Considering An End To Affirmative Action

  • theknopfknows
  • good_stuff
    • +1
      good_stuff  
    • And what is the answer that will make everyone happy? Redesign our higher ed system to make school free (online videos of all courses, problems, study guides, etc) and open to anyone. Most teachers at the local level could then help students who have questions and administer tests; while the best teachers in the country provide their lectures for recording. It wouldn't even cost anymore than the current system and would be better by focusing on encouraging self teaching/learning.

      Problem solved.... now we just have to address the issue of minority owned business preferences in government contracts.

    • 1 year ago
  • Mishima
  • Kelpie
  • Mishima
    • -2
      Mishima [removed]  
    • Kelpie:

      Yes, that was a wise decision by Reagan. When the universities disrupted into Left-winger riots, Reagan wanted to protect the rights of the professors and students who were RESPONSIBLE, so he sent in the National Guard. He authorized the use of bayonets to protect life and property.

    • 1 year ago
  • congoboy
  • Gray_Malkin
  • MSII
  • theknopfknows
    • +2
      theknopfknows  
    • THANK YOU FOR YOUR HONESTY Kelpie, and your military shame post 50,000 men raped by other men in USA military, Tears of anger from me! WE ARE ABUSING OUR KIDS KILLING THEM SUICIDE & RAPE WHAT FUTURE THIS BRINGS!?!

    • 1 year ago
  • Kelpie
    • +3
      Kelpie [removed]  
    • theknopfknows:

      A dear friend of mine enlisted on 9/12, devastated by the attack on the WTC. He came back from the desert psychologically demolished. He spent a whole tour patrolling the perimeter of the green zone. He smuggled out a "kill reel"- photos of the guys he killed before they could kill him. He said every time he looked through his scope at someone, they were aiming right at him and it was a race to see who would pull the trigger first. Several times a day, every day, for a couple of years. He doesn't sleep. He's a heroin addict. He is utterly ruined.

    • 1 year ago
  • theknopfknows
    • +3
      theknopfknows  
    • Kelpie:

      YES Kelpie! I worked with returning vets Tripler Hospital Honolulu 69-72 CALLED IT SHELL SHOCK there is no cure just management. SAD for me Spend my entire life cleaning up HUMAN messes, moved away to save my own sanity.With globalization now being chased by the same abuse of youth.I get exhausted thinking about this daily! Those on front line never forget myself working with the shattered&splattered, I too can not, will not forget, all those damaged kids, thanks for sharing Kelpie=LOVE ALWAYS!

    • 1 year ago
  • Kelpie
  • theknopfknows
    • +2
      theknopfknows  
    • Image
    • Kelpie:

      Thank you For your kind words, many of us have a child or youth abuse story, knowing that there is no cure, scars never leave, only daily management. By destroying children or youth in battle, death, rapes, suicide, come home to nothing, homeless unwanted damaged goods now, Vets become America`s worst enemy. Need an enemy to create unity+economy+SALES of arms. Create or fabricate a problem, State solution with FEAR, send boys&girls to war=SALES, Propaganda=FEAR=WAR=MONEY.
      This is the self defeating nature of USA DNA NDAA.
      What you do to others you do to yourself=KARMA comes home in suicide&rape!
      What goes around comes around.CAN`t st on the fence in a moving Train.
      MAY 1st Occupy the world DAY!

    • 1 year ago
  • Kelpie
    • +4
      Kelpie [removed]  
    • It's been 23 years since the Berlin Wall came down, and we still can't get through the goddamned glass ceiling.

      Women still make only $.76 to a man's dollar. Women and minorities are not represented in government or in corporate management in numbers remotely close to their percentage of the population. Discrimination is rampant and very difficult to prove on an individual basis. When companies cut back on workers, they tend to keep overpaid white male executives and middle managers in favor of laying off low-paid administrative and manufacturing workers, a much higher percentage of which are women and minorities.

      The best place to level the playing field is the one area that can be monitored closely - college admissions. With federal funding held over them as leverage, they have an incentive to play by the rules.

      And that is often the first, last and only time we ever get a fair shake. As long as The Old Boys' Club runs the world from their own social register, we need to keep affirmative action laws in place and enforce them.

    • 1 year ago
  • Ihatethemall
  • Ihatethemall
  • Mishima
    • -4
      Mishima [removed]  
    • Kelpie:

      {Women and minorities are not represented in government or in corporate management in numbers remotely close to their percentage of the population.}

      Neither are children.

      That statistic is meaningless and inane.

    • 1 year ago
  • Mishima
    • -4
      Mishima [removed]  
    • Kelpie:

      {Discrimination is rampant and very difficult to prove on an individual basis.}

      You have it backwards: Companies are obliged to prove that they are NOT discriminating. So, what this garbage does is for companies to move to areas that have few minorities. That is not to avoid hiring minorities, but only to avoid the government from coming down on them, pestering and threatening them to prove that their workforce has a % of groups, A, B, C, D, E, F, G, H, I, J, and K as is reflected in the surrounding community.

      Easier to just move that to put up with that garbage. So, the very people the Libbies claim to help (by labeling and forcing them into specific groups based on skin color, for "their own good") wind up with fewer job opportunities.

      More results of Liberal policies: Poverty, unemployment, and resentment.

      Thank you, Left-wingers!

    • 1 year ago
  • Mishima
    • -2
      Mishima [removed]  
    • Kelpie:

      {The best place to level the playing field is the one area that can be monitored closely - college admissions.}

      No, it makes things worse. It usurps justice, takes away rights from certain groups, causes resentments, lowers standards, and makes people suspect of anyone in the selected speical Liberal groups who really are competent.

    • 1 year ago
  • Mishima
    • -4
      Mishima [removed]  
    • Ihatethemall:

      The woman thing is a deliberate statistical manipulation by the Left-wingers. This is because many women do not compete for the same jobs, they take different jobs, and they leave - on average - more than males do, mostly for family reasons.

      Case is point with utility companies, and true story. Let's say there are 100 people, 50 men and 50 women working. They need 10 people to climb to the tops of poles and do other dangerous work. Who, in reality (not Left-winger theory and fantasyland), applies for these jobs? Almost all men, of course. These jobs are higher paid.

      So, the Left-wingers present the salaries of equal people as the men are getting more out of discrimination. It is a blatant LIBERAL LIE! A freakin' LEFT-WINGER LIE!

    • 1 year ago
  • congoboy
  • congoboy
  • congoboy
  • congoboy
  • congoboy
  • Kelpie
  • Kelpie
  • Kelpie
    • +3
      Kelpie [removed]  
    • Mishima:

      "The woman thing" is a statistical reality. Women do not get paid the same rate for the same job, and they are not promoted as often or as far up the ladder as men. Don't use "true story" unless you're going to actually discuss a real incident, in which case I expect you to link to it.

    • 1 year ago
  • Kelpie
  • congoboy
  • congoboy
  • Kelpie
  • Mishima
  • Mishima
  • Mishima
  • Mishima
  • Kelpie
  • Kelpie
  • Kelpie
  • Mishima
    • -3
      Mishima [removed]  
    • Kelpie:

      Liberals do not care about who pays and suffers from it. They are hypocrites and narrow-minded. Liberals try to gain the moral high ground with policies that actually can produce temporary "relief" or what appears to be something positive, but in the longer run and for the overall society, Liberal policies produce immorality, poverty, crime, and unemployment.

    • 1 year ago
  • Mishima
  • congoboy
  • Truthitswhatsfordinner
  • Mishima
    • -1
      Mishima [removed]  
    • Gray_Malkin:

      TRUTHITSWHATSFORDINNER is one of the best writers on these threads. Very open and willing to hear others' points of view. In addition, he is quite astute at reasoning and has an excellent command of history. It is quite obvious.

    • 1 year ago
  • Mishima
  • faye59
    • +4
      faye59  
    • With the racism displayed daily on Rush's show, sheriffs like Arpaio , sitting judges posting racist messages, and blacks and hispanics still the largest group of the unemployed, that would be insane.

    • 1 year ago
  • Kelpie
  • congoboy
    • -3
      congoboy [removed]  
    • Kelpie:

      could be that they occasionally exhibit fairness and ultimately believe in freedom of speech. this is america after all. i see more offensive commentary coming from the left on this site than the right, i guess its subjective. but i am happy to report that current also censors inappropriate comment coming from the leftylib front. sometimes i overstep the bounds and get comments pulled. i realize this and dont penalize current for doing so. if all you want is liberal agreement to your misplaced opinions you might try hanging out with your yes men and women down at your local pub. peace

    • 1 year ago
  • congoboy
  • Gravity_Man
  • Mishima
    • -2
      Mishima [removed]  
    • congoboy:

      Yes. I have noticed the obscenities coming from the Left, for example. Plenty of them. And the charges of LIAR repeatedly, simply because the Leftist did not like the information. And look at the death wishes concerning Breitbart.

    • 1 year ago
  • congoboy
  • congoboy
  • congoboy
    • -2
      congoboy [removed]  
    • Gray_Malkin:

      nice to see you ally yourself with supression of free expression and speech. progressivism is a dead movement based on political correctness and deceit. al gore is a blow hard who like most politicians is only in it for political and monetary gain, wake up! with 10 years of bush bashing by the left we have a lot of catching up to do. we on the right prefer honesty and open dialog over political correctness my misguided friend

    • 1 year ago
  • MSII
  • Mishima
    • -1
      Mishima [removed]  
    • Gray_Malkin:

      Nobody is "bashing" liberals, of course. And Conservatives are for individual rights; we do not find a necessity to classify people into various groups and demand "group rights" under the name of "social justice" because that usurps true justice.

    • 1 year ago
  • Mishima
    • -2
      Mishima [removed]  
    • congoboy:

      Liberals do not understand tolerance. To liberals, "tolerance" is accepting and celebrating what THEY deem worthy.

      True tolerance actually incorporates dislike and disapproval. It means that one tolerate that which one does not like or approve. But Liberals think it means believing in what they do.

    • 1 year ago
  • congoboy
  • Mishima
    • -1
      Mishima [removed]  
    • congoboy:

      Left-wingers who make these claims have brought to light their deep-seated racism:

      1. The Left-winger, by virtue of his saying that any “minorities” need special help is implying that they are inferior. Unless people are inferior in some way, they do not need help, but Left-wingers believe that they do and this reveals one aspect of their racism.

      2. The Left-winger is refusing to look at the individual and instead looks at people as members of groups defined by skin color; that is what racists do. Their very ideology and psyche virtually necessitates their looking at people as part of some category.

      3. The Left-winger, by revising history, assumes certain races and ethnicities want more representation. Again, he assumes – by virtue of race – that people of certain skin colors must feel inferior because, the Left-winger assumes again, they need to have history revised to raise their self-esteem. This is about as condescending as it gets: How would you like someone to assume you must feel inferior to the “rest of us” by virtue of your skin pigmentation?

      4. The Left-winger is actually destroying lives of people whom he teaches are victims or oppressed. When a person becomes convinced that he is a victim or a member of an “oppressed” class, it permanently changes him – for the worse.

      5. The Left-winger is using various groups to enhance his own status and sense of superiority. By claiming he knows what is best for Group X, the Left-winger attempts to elevate his status as both an authority and a savior of a group that he deems inferior and in need of help.

      6. The Left-winger undermines Rule of Law by not treating people as individuals. The law is not perfect, but to change it to meet outcomes or treat members of a group differently is to pervert the law and seize the rights of others.

    • 1 year ago
  • Kelly_Balthrop
  • congoboy
    • -2
      congoboy [removed]  
    • Mishima:

      youre preaching to the choir my friend. it is nice to see my own thoughts and the thoughts of most sane folks so eloquently stated. ive been expressing similar concepts on current for nearly two years but the left are so deeply entrenched in their own myths and rhetoric, believing everything their friends and leadership spoon feeds them theyve lost sight of thinking for themselves

    • 1 year ago
  • Mishima
  • Mishima
  • congoboy
  • Kelly_Balthrop
  • MSII
  • MSII
  • Mishima
  • Mishima
  • congoboy
  • congoboy
  • Mishima
  • congoboy
  • Annie_Ribbon
  • faye59
  • congoboy
  • faye59
  • congoboy
  • AreOh
    • +3
      AreOh  
    • Ok, we can all agree affirmative action is not a very good solution. However, it is the height of ignorance to claim that there is not a problem when it comes to opportunities across the color spectrum.

      Oh and before we move on to the details, any one who suggests it is a 'racist' policy, is really just demonstrating they lack understanding about what the word really means.

      Ok, let's break it down. Let's start with housing. The US government is settling a case that alleges Countrywide Finance discriminated against Black and Latino Americans. This case was just settled last December.

      Let's go to job opportunities. Dr. Devah Pager, a sociologist from Princeton University conducted a study of job opportunities between a white and Black America of equal qualifications, but the catch being some of the white applicants had a criminal record. The results detailed that whites with no criminal record where twice as likely to receive a callback and those with felony records where just as likely to receive a callback as their non-criminal record having counter parts. This study took place in 2003.

      Let's talk about healthcare. Dr. Alan Nelson released a report for the National Medical Association detailing the disparities of access to quality healthcare across color lines despite having similar economic and health insurance qualifications. This report was released in 2002.

      Saladin already did a great job illustrating discrimination in education, so I won't go into that.

      Perhaps affirmative action isn't a great policy. And as the previous studies show, it has largely been ineffective. However, moving forward, I see no one providing any real substantial evidence, outside of you know, we have a Black President, which is just one person, that discrimination has gotten any better. In light of that, those views that express that discrimination isn't a problem are just ignorant of the facts, or worse, choose to ignore them, which is how discrimination is allowed to persist.

      http://www.nytimes.com/2011/12/22/business/us-settlement-reported-on-countrywide...

      http://ac360.blogs.cnn.com/2008/08/09/study-black-man-and-white-felon-same-chanc...

      http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2594273/

    • 1 year ago
  • congoboy
  • JohnA
  • AreOh
    • +3
      AreOh  
    • JohnA:

      Ha, I had to laugh at this.

      The only place where straight White males are discriminated against are in some bigoted fantasy land.

      There is no data, repeat, no data that supports continuous and systematic oppression of White males. The idea is simply fictitious and ignorant.

    • 1 year ago
  • JohnA
  • AreOh
    • +4
      AreOh  
    • JohnA:

      Oh so when people disagree with you, on an internet board, that has no bearing on your everyday life, that counts as discrimination?

      Ha, really?

    • 1 year ago
  • JohnA
  • AreOh
    • +3
      AreOh  
    • JohnA:

      Ha, I have no need to 'pretend' because I know what racism actually is. The only facts here is your repeated incorrect use of words.

      I can dig how you may feel a certain way about people who disagree with your views. But to even attempt to equate that to some type of discrimination or even the concept of racism demonstrates you have no idea what either of them really and truly are.

      That kind of ignorance is what is keeping our country from moving forward.

    • 1 year ago
  • JohnA
  • AreOh
    • +5
      AreOh  
    • JohnA:

      Incorrect.

      Affirmative Action is an attempt to address the inherent preferential treatment that White Americans have enjoyed since our country was founded. A privilege which they continue to enjoy to this day, as detailed by a previous post I made within this subject.

      Not only could you use a dictionary, but a lesson on American history as well, my friend.

    • 1 year ago
  • Mishima
    • -5
      Mishima [removed]  
    • JohnA:

      You are right, of course. All one has to do is look at university speech codes or what jokes are acceptable.

      Another is "Hate Crime" federal legislation: There are only certain categories of people on which a supposed "hate crime" can be committed. It was put to the test in Colorado. A white woman was raped as part of an initiation into a black gang. The prosecuter wanted this to be a "Hate Crime" because a woman was chosen for a horrendous crime, solely based on race.

      But it was denied. Seems the Leftist policy in that law did not include Black on White crime.

      Welcome to LEFTIST-LAND.

    • 1 year ago
  • Mishima
  • GrouchoMarks
  • Mishima
  • Kelpie
    • +4
      Kelpie [removed]  
    • JohnA:

      Affirmative action PREVENTS discrimination based on race. Whenever someone defends themselves against conservative oppressors, the conservatives wrongly claim they are the ones being attacked. The stupid birth control controversy is a good examply.

      No one is trying to dictate how religious organizations run their businesses, but if they are accepting federal money, they have to play by the rules and treat their employees fairly by not imposing their religion on them. To deny any employee access to birth control is discrimination. PROTECTING THAT EMPLOYEE IS NOT DISCRIMINATION.

      **PROTECTING** MINORITIES FROM RACISM IN COLLEGE ADMISSIONS IS NOT DISCRIMINATION.

    • 1 year ago
  • BiPolar_Bear
  • JohnA
  • JohnA
    • -2
      JohnA [removed]  
    • BiPolar_Bear:

      Didn't ask for protection, I'm right and I know it. Affirmative action is institutionalized racism against white people. You can pretend it's not if you want, you can even try to rationalize it, but it doesn't change the facts.

    • 1 year ago
  • JohnA
  • Mishima
  • Mishima
    • -3
      Mishima [removed]  
    • JohnA:

      Also against Asians. I used to do college counseling. I had a computer program in which one could put all sorts of variables into it. One was race, of course. Did it decrease/increase one's chances of entry, adding SAT scores, GPA, etc.

      I did this counseling in an international school in Asia. I was really surprised: Seems the West Coast schools discriminate against Asians, but almost none in the east, and not at all in the mid-west.

      When Ronald Reagan was Governor of California, he wanted to be rid of this Affirm Action in college entrance. One aide said, "Governor, if we do that, the schools will be dominated by Asians."

      Reagan's response was classic Reagan. He replied, "So what?"

    • 1 year ago
  • Truthitswhatsfordinner
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