4.2.08 Con Law

4.2.08 Con Law - Afirmative Action continued The SC doesn't...

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4/2/08 Afirmative Action, continued… The SC doesn’t care if it’s the minority being oppressed or helped it is still strict scrutiny. If race is used, it is strict scrutiny. When the Government uses race to benefit minorities, then this causes hostility towards the minority race. Is there really a big difference in using race to benefit a group or to hurt a group? Why was 25 years a measure given the history of discrimination? o 25 years from 1978-2003, before Affirmative Action brought again. We should move towards a color-blind society not color-conscious? Subunit B- under Point 4 What justifications are important/legitimate to be regarded as compelling government interest? o One possible justification is diversity. o In Backe vs. UC Davis, 5 justices said Diversity is a compelling government interest in the university system. o Breuter vs. Bollinger in 2003 P 722- U Mich’s affirmative action plan. The law school there. It looked at many factors in deciding who to admit and one of the factors was race. Is Diversity really a compelling interest? 5 votes that diversity IS. Thomas says its just an aesthetic, it feels better for the University to see a diverse class, but it doesn’t really do anything. Racial diversity- What about football teams and athletics teams when the students are at the bottom of their class? Is racial diversity in itself a compelling government interest? If public universities are funded through tax dollars, then since everyone is supporting them, aren’t they in essence already the
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4.2.08 Con Law - Afirmative Action continued The SC doesn't...

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