Duke Craps the Bed Again

[jficke13]

Affirmative action in college decisions was ended in California v. Bakke. But they left a carve out that it was the prerogative of the institution to determine what factors they would weigh in making their own application decisions. "A university was entitled as a matter of academic freedom 'to make its own judgments as to ... the selection of its student body.'"

The current case overruled that decision, saying that universities no longer have the academic freedom to make its own judgments, specifically, diversity cannot be used at all in decision making, as it violates the equal protections clause.

The current legacy cases show that, legacy cases disproportionately impact minorities. So, if they are consistent in their rulings, they should rule in the same manner. They of course will not, but mainly because the current Supreme Court is just a bunch of political hacks.

I really don't think that is what the Court held. There's certainly bases for criticizing the decision that are founded in reality. I don't think you're really interested in those because it seems your objective here is to seek catharsis by being angry on the internet.

Suffice it to say that the ruling does affect "affirmative action" in a way that is broadly consistent with your understanding. The degree to which that ruling can be applied to other admissions criteria (e.g., legacy status) is not affected the way you believe/want it to be. I am sorry to be the bearer of this bad news.

[lawdog77]

I really don't think that is what the Court held. There's certainly bases for criticizing the decision that are founded in reality. I don't think you're really interested in those because it seems your objective here is to seek catharsis by being angry on the internet.

Suffice it to say that the ruling does affect "affirmative action" in a way that is broadly consistent with your understanding. The degree to which that ruling can be applied to other admissions criteria (e.g., legacy status) is not affected the way you believe/want it to be. I am sorry to be the bearer of this bad news.

I agree. Schools are still allowed to decide what factors are important (except race)In the states that have previously banned using race as a factor, colleges and universities have found creative ways to increase diversity, but it takes effort. Factors such as the first person in their family going to college, what high school, family income, essays.

[WhiteTrash]

Affirmative action in college decisions was ended in California v. Bakke. But they left a carve out that it was the prerogative of the institution to determine what factors they would weigh in making their own application decisions. "A university was entitled as a matter of academic freedom 'to make its own judgments as to ... the selection of its student body.'"

The current case overruled that decision, saying that universities no longer have the academic freedom to make its own judgments, specifically, diversity cannot be used at all in decision making, as it violates the equal protections clause.

The current legacy cases show that, legacy cases disproportionately impact minorities. So, if they are consistent in their rulings, they should rule in the same manner. They of course will not, but mainly because the current Supreme Court is just a bunch of political hacks.

Current cases claim or have proven legacy cases disproportionately impact minorities?

[The Hippie Satan of Hyperbole]

I agree. Schools are still allowed to decide what factors are important (except race)In the states that have previously banned using race as a factor, colleges and universities have found creative ways to increase diversity, but it takes effort. Factors such as the first person in their family going to college, what high school, family income, essays.

Right. Schools have been doing a great deal to become more diverse without explicitly using race as a criteria.  For instance at Marquette...

https://www.marquette.edu/diversity/encuentros-mentor-program.php

https://www.marquette.edu/explore/transfer-students-golden-eagle-advantage-messmer.php

I'm not saying Marquette is solely doing this for the sake of diversity.  But partnerships with Catholic high schools like Messmer and Cristo Rey is not only consistent with the mission of the school, but is going to lead ot more diversity.


Another example: 

https://news.uwgb.edu/phlash/mediacoverage/02/14/green-bay-high-school-students-will-be-admitted-directly-to-uw-green-bay-wbay/

Since the Green Bay public schools are a "majority minority" district, this is going to lead to a more diverse student body.

[WhiteTrash]

I do not support allowing employers or landlords choose based on race. Thus, I don't feel schools should either.