Final answer:
The Supreme Court has ruled that while rigid racial quotas in university admissions are illegal, considering race as one of several factors is permissible to promote diversity. However, strict point systems for minority status have been deemed discriminatory. Affirmative action, when not quota-based, is fair as it aims to balance diversity and equal opportunity.
Step-by-step explanation:
Notes on Affirmative Action and Supreme Court Decisions
The issue at hand is whether the affirmative action program in university admissions is fair. Upon analyzing various Supreme Court precedents, it becomes evident that the Court has grappled with this debate for decades. In the Regents of the University of California v. Bakke case, the Supreme Court declared that rigid quota systems based on race violate the principle of equal protection, yet race can be considered as one factor among many in admissions decisions to promote diversity.
In the Grutter v. Bollinger case, the Court upheld the use of race as a "plus factor" in university admissions policies, which sought to attain a critical mass of minority students without setting specific quotas. The case highlighted the importance of diversity in higher education and allowed for race to be factored into admission decisions in a more flexible and holistic manner.
However, in Gratz v. Bollinger, the Court criticized the use of strict point systems for minority status as discriminatory. The decisions underscore the complexity of achieving diversity while ensuring fairness and equal protection under the Fourteenth Amendment.
Conclusion on Fairness of Affirmative Action
Claim: The affirmative-action program is fair.
Supporting reason: It enables universities to foster a diverse educational environment crucial for preparing all students for a pluralistic society. Supporting evidence: Supreme Court precedent from Grutter v. Bollinger espouses the benefits of diverse student bodies. Supporting evidence: Prior rulings have established that race can be considered as a plus factor when it is part of a holistic review of an applicant's file with no quotas involved.
Counterclaim: Affirmative action discriminates against non-protected groups. Rebuttal: When applied as part of a holistic review process and not as a rigid quota system, affirmative action remedies historical inequities and promotes equal opportunity without unjust discrimination.