The Study of the Supreme Court Cases Regarding Affirmative Action
The history of majority rights in the United States goes all the way back to the creation of the United States constitution. Although barely acknowledged at the time, it has become the contemporary issue of the United States starting with the Civil War. To this day civil rights are still being fought for and discrimination still occurs all over the United States; however, affirmative action is one of the main victories minorities have gained in their sermon for equal rights. First initiated in the 1960s with President John F. Kennedy’s Executive order number 10925, the equal employment opportunity for all races was implementing the civil rights act. It was again reaffirmed with Lyndon Johnson’s executive order 11246 which “forced government contracts to take affirmative action toward minority applicant in all aspects of employment and hiring,” (Stewart 2014).
The policy of affirmative action was implemented so well calls of “reverse racism” were appearing all over the U.S. even to this day. I saw this first hand when a friend of mine with over a 2200 on the SAT, a near 4.0 GPA, and plenty of extra-curricular activities was waitlisted during the Emory application process while an African American women with stats much lower than my friend in every single way was accepted without hesitation. In fact nearly all my other friends with similar characteristics were either rejected or waitlisted at Emory while nearly every African American from my school that applied there from my school was accepted. As a seventeen year old African American man applying to college next year, it would be thought that I would love affirmative action, and I did for a while. That’s until I saw people working harder than me getting rejected from their dream school because of their race. What is the constitutional basis in all this, and why is it still implemented today? That is why I chose to study Supreme Court cases involving affirmative action.
Allan Bakke was an aspiring anesthesiologist that was rejected from the University of California’s medical school twice while minorities with lower MCAT scores and undergraduate GPAs where getting accepted due to the quota system (Stewart 2014). After the second rejection, the plaintiff, Allan Bakke, decided to sue the defendant, University of California, on the basis of the fourteenth amendment and Title VI of the Civil Rights Act of 1964. Allan Bakke claimed that the University of California’s quota system on minorities was violating the fourteenth amendment while also saying that he was getting discriminated against because of his skin color or a case of reverse discrimination (Stewart 2014). His case first went to the Yolo County, California district court where the court ruled in favor of Bakke completely (Baldwin 2009). The use of race in admission processes was now not allowed in the state of California. It was appealed and accepted by the Supreme Court...