Fisher Vs. Texas Argumentative Analysis

Mississippi University for Women was established 1884 in the township of Columbus, Mississippi by the Mississippi Legislature. This institution is known for beginning the first all-female university in the United States. The association was formally named the Industrial Institute and College for the Education of White Girls and then renamed for the first time to Mississippi State College for Women in 1920. Over time, the college was changed for the third and final time to Mississippi University for Women to represent the development of the studies offered from the university, in addition to a graduate program in 1974. In the supreme court case, Mississippi University v. Hogan was the defendant in the case, being sued for not allowing admission

Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.

Board of Education is a very important landmark case. This case addressed the constitutionality of segregation in public schools back in the early 1950s. When the case was heard in a U.S. District Court a three-judge panel ruled in favor of the school boards. The plaintiffs then appealed to the U.S. Supreme Court. The Supreme Court went through all its procedures and eventually decided that “Separate educational facilities are inherently unequal” ().

In the court case Grutter v. Bollinger, it was ruled that that race had an appropriate but limited role in the admissions policies of public universities. Both Fisher and Michalewicz believed that the school was selecting more people that where of color over equally as eligible whites due to this court case. Fisher decided to bring this

Notаbly absent from the opinion, as it was in Plessy, is any citаtion to a Supreme Court cаse that considered whether the prаctice of segregating schools was a violation of the Fourteenth Аmendment. It was an open question for the Court. The Court аdmitted that the precedent to which it cited involved discriminаtion between whites and blacks rаther thаn other rаces. However, the Court found no аppreciable difference here—"the decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Аmendment."

With the help of Edward Blum, her case was taken to the nation’s highest court in 2013. In 2003, The University of Texas Austin, said that race would become a factor in admission forms. That same year, The University of Texas had the highest race of diverse student, mostly Black and Hispanic. So the question started to rise, “Was Fisher really rejected because of being

According to "Fisher v. University of Texas" the majority decision was made based off: Previous precedent had established that educational diversity is a compelling interest as long as it is expressed as a concrete and precise goal that is neither a quota of minority students nor an amorphous idea of diversity. In this case, the Court determined that the University of Texas sufficiently expressed a series of concrete goals along with a reasoned explanation for its decision to pursue these goals along with a thoughtful consideration

In the end the Supreme Court supported the lawfulness of affirmative action, but restricted its practice. The court’s ruling

In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university 's use of racial "quotas" in its admissions process was unconstitutional, but a school 's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances. " The college was asked to at least consider blacks in the admittance of college and they were asked to not use quotas in the admission

This proves political leaders tried to take matters into their own hands and rule in ways to end segregation. If they had not passed this law, then it could have taken many more years to stop segregation in colleges and other areas this law would influence to

The continued neoliberalism thinking is consistent with this decision. Although the overall goal was to desegregate schools that enrolled mostly white students, the Fordice decision also affected higher education and even led to the desegregation of primarily black colleges. This litigation is still

Another thing that places students of color at a disadvantage in college admissions is the persisting cultural bias in high-stakes testing. “High-stakes” tests are those that are tied to major consequences, such as admission to college, or even high school graduation. Fair education reform advocates have long been citing an extensive record of standardized testing concerns, many of which relate to racial bias and discrimination. As researcher and author Harold Berlak explains in the journal Rethinking Education: Standardized testing perpetuates institutionalized racism and contributes to the achievement gap between whites and minorities. For instance, the deeply embedded stereotype that African Americans perform poorly on standardized tests

The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority

No one should be denied from a college because they can't meet the colleges diversity quota. That is why affirmative action should instead be based on place and not race which will be more effective at creating diversity on the campus and not just in physical characteristics but in ideas and how people formulate them. The author makes a good argument on this topic by appealing to pathos, logos and ethos. In this text the author at several points appeals to pathos to support the argument of place over race.

Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973).  Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing