3.12 Affirmative Action

Affirmative Action & Equal Protection

Affirmative action refers to policies aiming to increase opportunities for historically disadvantaged groups, often in education or employment. It raises tension between the 14th Amendment's Equal Protection Clause and efforts to remedy past discrimination. Courts apply strict scrutiny to race-based classifications, requiring a compelling government interest and narrow tailoring.

Key Supreme Court Cases

Regents of the University of California v. Bakke (1978) struck down rigid racial quotas but allowed race as one factor in admissions. Gratz v. Bollinger and Grutter v. Bollinger (2003) reinforced this: point-based race systems are unconstitutional, but holistic, individualized review considering race is permissible to achieve diversity.

Ongoing Debate

Supporters argue affirmative action corrects historical inequities and promotes diversity; critics argue it violates equal protection by favoring group identity over individual merit. This debate reflects the broader tension between promoting equality of outcome versus equality of opportunity in policy design.

Key terms

Affirmative Action

Policies designed to increase opportunities for historically disadvantaged groups, often in education and employment.

Strict Scrutiny

The highest standard of judicial review, requiring a compelling government interest and narrow tailoring, applied to race-based classifications.

Regents of UC v. Bakke (1978)

Struck down rigid racial quotas in admissions but allowed race to be considered as one factor among many.

Grutter v. Bollinger (2003)

Upheld a holistic admissions process considering race as one factor to achieve diversity in law school admissions.

Gratz v. Bollinger (2003)

Struck down a point-based system that automatically added points for race, ruling it unconstitutional for being too rigid.

Try an AP-style question

Affirmative action policies aimed to…

1. ban college admissions tests
2. end all civil rights laws
3. remedy past discrimination
4. require racial segregation