Civil Rights 10/8/07.

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Presentation transcript:

Civil Rights 10/8/07

Proponents of Affirmative Action Three goals Need for procedural fairness Need to remedy past discrimination Need to promote diversity

Procedural Fairness Affirmative action is a protection for procedural fairness. Kennedy 1961: Absent AA, there will be discrimination. Discrimination: only in selection process.

Past Discrimination Affirmative action is a remedy for the history of discrimination. Johnson 1965: “Scars of centuries” mean no fair competition. Discrimination: evident in everything because of accumulated advantage and accumulated disadvantage.

Diversity Affirmative action promotes diversity. Grutter v. Bollinger (2003): "a compelling interest in obtaining the educational benefits that flow from a diverse student body." Discrimination?

Opponents of AA Reverse Discrimination Bakke (1978): Upheld AA in principle but stated that rigid quota systems constitute reverse discrimination. Gratz v. Bollinger (2003): applicants must receive “individualized consideration” Central claims: reverse discrimination, special rights, unwarranted preferences Discrimination: is individual and contained in the process, not systemic and contextualized in history.