On june 23, in an already-famous decision, the supreme court upheld the university of michigan law school's affirmative action program, in the face of a challenge based on the constitution's equal protection clause in doing so, the court ostensibly subjected that program to strict scrutiny, the most. Over time, there have been several challenges to the constitutionality of affirmative action policies, prompting the question: do such policies violate the 14th amendment's equal protection clause under the 14th amendment in 2008 , abigail fisher was denied admission to the university of texas at austin. At best, an essay in 'church theology' and, at its worst, an ideological ing affirmative action each author attempts to demonstrate that moral as well as legal criteria are relevant to the affirmative action debate any solution which fails to include the moral equal protection clause of the fourteenth amendment if it chose. 37 results research essay sample on reverse discrimination custom essay writing free research essays on topics related to: affirmative action programs, equal employment opportunity, affirmative action plans, civil rights act the proverbial pendulum has swung in the direction of federal protection of certain. Essay race-based affirmative action and international law jordan j paust international law, which is part of the supreme law of the equal and effective protection against discrimination contained in article 26 of the iccpr without any discrimination to the equal protection of the law, adding a.
This essay demonstrates that the united states violates provisions of international treaties and thereby united states law in failing to take affirmative action keywords: race convention, women's convention, discrimination, equal protection, gender, race, affirmative action, international conventions,. Question #1 in late 2001 the trustees of the louisiana state university consider whether to discontinue or revamp the school's affirmative action policy a white student rejected for admission to the university for the fall 2002 entering class sues, alleging that the new admissions policy violates the equal protection clause. Reality, the piece questions the capacity of affirmative action efforts to ensure educational equity and racial diversity beginning with the court's determination of the limited purpose and power of the equal protection clause in plessy v ferguson,8 the essay examines several jurisprudential inversions the supreme court has. Justice thomas asserted that a state's use of race in higher education admissions decisions is categorically prohibited by the equal protection clause the rejection of affirmative action logic, found in thomas and scalia, was foreshadowed by justice roberts's earlier slogan, from a 2007 decision, the.
In this essay i set forth nine arguments against strong affirmative action, which i define as preferential treatment, discriminating in favor of members of the equal protection clause of the fourteenth amendment becomes reinterpreted as equal protection for all equals, but some equals are more equal than others. Here is a look at 10 famous court decisions that show the progression of the 14th amendment from reconstruction to the era of affirmative action the united states supreme court in a unanimous decision reversed the virginia court's ruling and held that the equal protection clause required strict.
Essay on affirmative action 1571 words | 7 pages there are many equal opportunity programs, such as the naacp, that are designed to protect minority's rights and privileges therefore, there is no need for affirmative action to be used to it's fullest extent in the world today this policy is wrong because it involves reverse. The court applies strict scrutiny when assessing race-based policies like affirmative action, whether in higher education, government hiring, or government contracts the framers of the 14th amendment affirmative action defies — indeed flouts — equal protection and other liberal values it rests upon a diversity rationale. Essay traces the court's jurisprudence in this field and explains the possible outcomes of its most recent cases keywords: affirmative action sandra day o' connor grutter v bollinger equal protection bakke gratz v bollinger race compelling state interest lewis f powell anthony kennedy fisher v university of texas.
The constitutional question posed by affirmative action programs is whether or not they discriminate against individual whites in violation of the equal protection clause of the fourteenth amendment a related question is whether or not affirmative action programs discriminate against individual whites in violation of the civil. Sharon elizabeth rush, diversity: the red herring of equal protection, 6 am u j gender & l 43 (1997), available at andersen's research assistance and careful reading of this essay are deeply appreciated 1 united states v virginia, 116 affirmative action is about integrating state programs on the basis of sex and.
Use for affirmative action programs also leaves unclear what standard should be applied to programs designed to assist women of color does the equal protection clause prohibit discrimination on the basis of pregnancy no the equal protection clause does not protect women against one of the most. Affirmative action supreme court hearing: does the practice violate 'equal protection' under 14th amendment ben wieder 380 this piece comes to us courtesy of stateline stateline is a nonpartisan, nonprofit news service of the pew center on the states that provides daily reporting and analysis on.