Contact:
Shirley J. Wilcher
Washington, D.C., August 9,
2012 - Today, the American Association for Affirmative Action (AAAA) filed its
amicus curiae brief with the U.S. Supreme Court in the case of
Fisher v. University of Texas. In the brief, the Association, an
organization of equal opportunity, affirmative action and diversity
professionals founded in 1974, urges the Court to follow its own precedent in
the Grutter v. Bollinger case in 2003 and continue to hold that
diversity in higher education admissions is a compelling state interest.
Colleges and universities should be able to consider the whole student,
including a student's race among many factors, to determine who is admitted.
AAAA President Gregory T.
Chambers stated: "Now that the Supreme Court has decided to revisit the question
of race in admissions decisions, an issue that we hoped had been decided in
2003, we urge the Court to respect its own precedent and uphold the use of race
among many factors in higher education admissions."
AAAA's brief makes several
fundamental arguments. First, the association urges that the consideration of
race as a factor in admissions must not be subjected to a level of review that
is strict in theory but fatal in fact. The Constitution permits and protects the
University of Texas at Austin's holistic consideration of each applicant's
complete identity as part of an admissions process Intended to achieve diversity
in the educational setting. AAAA counsel David Goldstein of the Littler law firm
in Minneapolis, MN stated: "The University of Texas at Austin has worked hard to
develop a fair and inclusive admissions program that contributes to diversity on
campus in the broadest sense of the word without unfairly burdening anyone. The
Supreme Court should not substitute its policy preferences for the carefully
made determinations of the University and the Texas legislature to which the
University is directly accountable. "
Second, AAAA submits that
the State of Texas has a compelling interest in securing the educational and
workplace benefits that flow from diversity. In deciding the 2003 case against
the University of Michigan, Grutter v. Bollinger, the Supreme Court
upheld the notion that diversity in higher education admissions was a compelling
state interest - a requirement to meet constitutional muster. In the Texas case,
the university has amply shown that it has a compelling interest in having a
diverse student body. Moreover, the state's employers and tax base depend on
having well-educated individuals of all races. Marilyn Schuyler, Attorney of
Record on the brief added: "In the Texas case a critical mass of students from
every race is needed to ensure that all students have an enriching educational
experience."
Third, AAAA argues that the
steps the University took to promote diversity were "narrowly tailored," -
another constitutional requirement - and necessary to achieve the compelling
state interest. Texas made an extraordinary effort to research and demonstrate
the need to add race as a consideration in admissions. Moreover, so-called
race-neutral measures are never truly race-neutral. Admissions criteria such as
test scores have inherent biases and a have statistically significant adverse
impact on African-American and Hispanic students. "Lower standardized test
scores do not mean that minorities are academically inferior and unable to
compete in an academically competitive environment," said AAAA Co-Counsel Dean
Sparlin.
Lastly, AAAA takes issue
with critics of diversity programs who allege that Socioeconomic Status (SES) or
class is a proper alternative to race as a factor in admissions. Race matters
and substituting economic disadvantage for race does not compensate. Low SES has
not been the basis for the systematic exclusion of students from higher
education; race and ethnicity have.
"AAAA will actively monitor
the briefs and oral arguments offered in the Fisher case," added Chambers. "This
nation is becoming increasingly diverse and it is not the time to close the
doors of opportunity based on race or national origin. The nation's future
depends upon all qualified individuals receiving a chance to compete in
education, employment and business."
No comments:
Post a Comment