Affirmative Action – Is it legal? Is it even needed?


When the school year draws to close, college-bound seniors have completed the college forms and eagerly await acceptance - or dread rejection - from the college of their choice. However, as most people know, there is much more to college admissions than a marshmallow bonfire by the mailbox. The question is, by what process do universities examine student applications and determine a qualified candidate? As a lawyer representing Barbara Grutter, I have conducted thorough research on admissions policies in American Universities. Because of my research, I can tell you that in universities that utilize the policy of affirmative action, the selection process is unfair and discriminatory. This policy is a serious issue because it compromises the equality established under the US constitution, displays itself as a stigma on the reputation of the minority, belittles minorities as a whole, and because the “diversity” that the University of Michigan heralds may have overrated effects that do not really change the learning capacity of the classroom.


Primarily, the usage of race in the admissions process obviously stands in direct violation of the equality offered by the Equal Protection Act. Advocates of affirmative action will argue that minorities who come from less privileged schools and neighborhoods must be given this advantage to compensate for their lack of qualified teachers, textbooks, etc. This logic is faulty as this imposed generality that all black, Hispanic, and Native American born peoples are underprivileged is false. Second, what would it feel like to be a perfectly qualified black student who only recently finds that he is accepted into the famous XYZ University? Good right? That is, until you reach campus grounds and you realize people regard you as the “guy that got those extra points for being black”. Affirmative action promotes a discriminatory thought discrediting black, Hispanic, or Native American students that are truly qualified or gifted. As Frederick Douglass remarked, “What I ask for the Negro is not benevolence, not pity, not sympathy, but simply justice…Do nothing for us… All I ask is, give him a chance to stand on his own legs! Let him alone!” (“Grutter v. Bollinger et al.” 42). Likewise, Justice Thomas believes that “blacks can achieve in every avenue of American life without the meddling of university administrators” (“Grutter v. Bollinger et al.” 42). As an adversary of this policy, I can say that I do not wish to strike down blacks, Hispanics, or any type of people. Conversely, despite a shared sympathy with the university administrator for their situation, I wish only to lift them up on equal ground just as capable as any other man or woman in this nation! Third, affirmative action is unnecessary in that advantages stemming from racial diversity in classroom are overrated. According to a study conducted by Stanley Rothman, much of the conclusions of previous tests and surveys suffered from methodological defects, which “range from poor item formulation to interpretive problems linked to selective recall and social desirability response set. Rothman’s study approached members of the university with “non-controversial questions about their perceptions and experiences” to obtain data. He concluded that because “the predicted positive associations of educational benefits and interracial understanding failed to appear,” racial diversity does not necessarily improve the “education and racial milieu at American colleges” (Rothman). This study need not even be touched to show that the “advantages” conferred by racial diversity makes little impact. Our school for example, has one of the richest assortments of people of different ethnic groups. A glance around the school however will show with a few exceptions that students have for the most part segregated themselves into their own groups based on race. Journalist Ron Edwards who observes, “for the most part, the whites congregate with other whites and Asian students, while black students generally hang together,” has noted this undeniable fact. (Edwards).


So what should be done? My plan is simple, mostly involving university admissions policy changes. There are several ways – if diversity is still desired – to maintain diversity while not using race as a factor. For example, the factor of family income or the community average income could be used. In such a case, the playing ground would be leveled in society