Intro to American Law

Agenda Affirmative Action What is affirmative action? What is the historical developments of affirmation action? What does affirmative action programs set out to achieve? How have Courts analyzed the legality of affirmative action? What are some techniques for affirmative action programs?

Hypo – Private School Private school sees that there are less black students at their school. The school believes that having a diverse student body fosters cross-cultural understanding, empathy, and awareness. Therefore, they reserve seats for their incoming class for students who identify as black.

History of Affirmative Action Reconstruction Era (1865-1877) National Labor Relations Act (1935) Executive Order 10925 (1961) Revised Philadelphia Plan (1969)

Intermediate vs. Strict Scrutiny Regents of the UC v. Bakke (1969) Richmond v. JA Croson Co. (1989)

Justification for Strict Scrutiny All racial classifications—whether invidious or benign—should be subjected to strictest of applications Gov’t classification that harms minorities vs. those that benefit minorities

Goals of Affirmative Action Remedying past discrimination Enhancing diversity Providing role models Enhancing services provided to minority communities

Remedying Past Discrimination Used to remedy societal discrimination Benefits provided even though no discrimination is done and recipient need not show to have been harmed Gov’t provides benefit to a class of persons who were subject of discrimination Gov’t provides benefit to someone who has suffered

Techniques for Affirmative Action Numerical asides Using race as one factor in decisions to help minorities Deviations from seniority systems Drawing election districts to increase minority representation

Grutter v. Bollinger (2003)

Fisher v. UT (2016)

Fisher v. UT (2016)

Anti-Affirmative Action Response

Arguments against Affirmative Action Devalues the accomplishments of minorities Fosters reverse discrimination Mismatching Perpetuation of stereotypes

Initiative 200   "The state shall not discriminate against, or grant preferential treatment to, any individual or groups on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting."

Smith v. UW School of Law (2003)

For tomorrow What does your class look like?